HomeMy WebLinkAboutCobblefield Crossing CUP 02-032
MAYOR
Robert D. Corrie
'~~.;
~ g / CIT~ OF.t1t~1:_.
'-/VLendlC[n ~,(
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LEGAL DEPARTMENT
(208) 288-2499 . Pax 288-2501
PARKS & RECREATION
(208888-3579' Pax 898-5501
PUBLIC WORKS
(208) 898-5500 'Pax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 . Pax 887-] 297
PLANNING AND ZONING
(208) 884-5533 . Pax 888-6854
CITY COUNCIL MEMBERS
Tammy de Weerd
William L M. Nary
Cherie McCandless
Keith Bird
IDAHO
SINCE
,1903
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: November 14, 2002
Transmittal Date: September 17,2002 Hearing Date: November 21,2002
File No.: CUP 02-032 -- Cobblefield Crossing Subdivision
Request: Request for a Conditional Use Permit for a PUD for 64 single family detached homes, 6 single family
attached homes and 1 single family existing home on 15.4 acres in a proposed R-8 zone
By: CMD, Inc.
Location of Property or Project: 4450 North Linder Road
David Zaremba, P/Z (No VAR, VAG, FP)
Jerry Centers, P/Z (No VAR, VAG, FP)
Leslie Mathes, P/Z (No VAR, VAG. FP)
Keven Shreeve, P/Z (No VAR, VAG, FP)
Keilh Borup, P/Z (No VAR, VAG, FP)
Robert Corrie, Mayor
Bill Nary, CIC
Tammy deWeerd, CIC
Keith Bird, CIC
Cherie McCandless, CIC
Water Department
Sewer Department
Sanitary Service (No VAR, VAG. FP)
Building Department Your Concise Remarks:
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Meridian School District (No FP)
Meridian Post Office (FP/PP only)
Ada County Highway District
Communily Planning Assoc.
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power CO. (FP/PP only)
U.S. West (FP/PPonly)
Intermountain Gas (FP/PP only)
Bureau of Reclamation (FP/PP only)
Idaho Transportation Department (No FP)
Ada County (AZ only)
AZ-27 Ff'-24 PPIPFP-'Z1 VARNAC- 20 CUP. 26
33 EAST IDAHO. MERIDIAN, IDAHO 83642
(208) 888-4433 . Fax (208) 887-4813 . City Clerk Office Fax (20B) 888-4218 . Human Resources Fax (208) 28B-1193
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CONDITIONAL USE PERMIT
PLANNED UNIT DEVELOPMENT
APPLICATION
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COOBLEFIELD CROSSING
APPLlCA liON FEES
PRELIMINARY PLAT FEES
$ 11.00 @ 89 LOTS...
-
t.:~'- F
ANNEXATION AND ZONING FEES
$ 15.00 PER ACRE @ 13.38 ACRES
TOTAL APPLICATION FEES
$ 450.00
$ 979.00
$ 1,429.00
_1...
-
w:n--'
$ 480.00
$ 803.00
$1,283.00
$ 550.00
$ 200.70
$ 700.70
rU,953.40 I
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CITY OF MERIDIAN
Planning & Zoning Department
660 E. Watertower Ln.. Ste. 202, Meridian, lD 83642
(208) 884-5533 Phone / (208) 888-6854 Fax
CONDITIONAL USE PERMIT APPLICATION
C Check here if Planned Development Application
(RE: Meridian Zoning Ordinance - Section 11-17)
APPLICANT: CMD, INC.
ADDRESS:166l Shoreline Dr.
PHONE:947-l980
FAX: 342-2220
E-MAIL: cmdincorp@aol
OWNER(S) OF RECORD: Frank Fisher / Don Huffman
ADDRESS: 4450 N. Linder Rd. / 4035 Meadowwood Meridian
PHONE: 888-4701/
377-3854
FAX:
E-MAIL:
ENGUNEER,SURVEYOR,PL~ER: Leavitt & Associates Engineering, Inc.
ADDRESS: 1324 1st Street South
PHONE: 463-0333
FAX: 463-9040
E-MAIL:Kasey@LeavittEngr.com
ADDRESS GENERAL LOCATION OF SITE: 4450 N. Linder Rd.
, ,~-
DESCRIPTION OF PRESENT USE: Farm/Pasture
DESCRJPTION OF PROPOSED CONDITIONAL USE: 64 single family detached 8
singl~ family attached homesite and 1 single family existing home
NUMBER OF ACRES: 15.4
NUMBER OF RESIDENTIAL UNITS: 73
SQUARE FOOT AGE OF NON-RESIDENTIAL BUILDrNGS:
PRESENT ZONE CLASSIFICATION: RUT
I have read the information contained herein and certify the information is true and correct.
APPLICANT'S SIGNATURE:
SOCIAL SECURITY NUMBER, 550-02-3397
Re>. 2/1/02
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LEGAL DESCRIPTION
of
BOUNDARY OF PROPOSED
COBBELFIELD CROSSING
SUBDIVISION
A parcel of land located within the Northwest 1\4 of Section 36, Township 4 North, Range I West, B.M., Ada County,
Idaho. Being further described as follows:
Beginning at a point on the west line ofthenorthwest'!. of section 36. Township 4 North, Rangel West, BM.
from which.the Northwest comer of said section bears North 00014'41" East, a distance of 992.70 feet;
thence leaving said section line, South 89026'20" East a distance of 639.88 feet;
thence North 26008'40" East a distance of 352.99 feet;
thence South 89"26'20" East a distance of 497.21 feet;
thence North 00006'40" East, to a point on the North line of said Northwest \'., a distance of673.66 feet;
thence continuing along said section line, South 89"24'35" East a distance of 51.57 feet;
thence leaving said section line, South 00' 14'40" West a distance of 1318.40 feet;
thence North 89"26'20" West to a point on the aforementioned west section line, a distance of 1341.28 feet;
thence continuing along said section line, North 00014'37" East a distance of 117.67 feet to THE POINT OF
BEGINNING.
Said parcel contains an area of approximately 15.398 acres.
BASIS OF BEARINGS:
The Record of Survey For Lester Updike, filed in the office of the Ada County Recorder on September 22, 1993 as
Instrument # 9378386 taking the weSlline of the Northwest \., as N 00'14'41" E
END OF DESCRIPTION
Kenneth H. Cook, P.L.S. 9895
Leavitt & Associates Engineers
1324 IU Street South
Nampa, Idaho 83651
(208) 463-0333
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FILE No.548 07/25 '02 08:25
ID :T1TLE ONE
FAX:3789319 PAGE
2/ 4
",I." .'
"."....,.,.'W!
1m ~r:::..=~ .Slt
~~ B70~al1a
51
WARRANTY DEED
950-~ -aOOOM'6
FOR VAWE AI!CEIVEIl
"~~ B. "~B~ a~o BBANtCB R. ~z~. h~.ba,. ano wile
GRANTOR(s). doe'ld.) herlltiy GilJ\'~T. IlARClAIN. SELL ono CONVEY un!.
r9hNN N. rlSRBR and ANDRSA K. ~ISRBR. h..ban4 and wife
GRANTEE(S),wnoaeCLltfentlilddr1ll!lliGIG; 4450 NI L1n~e," 'AQIiif,4~ MII!f'idlan. 1083642
u,ololJaw1ng .e""n]>eO '.0' p,.pe~y In AllA C.unw, Sill'. 01 IdahO.
more p~H1iculatly desl;ribed at lallOWs. tCl wit:
A po.tion of the AN 1/4 AN 1/4 of seotion ~6. T4N, l1W. a.~..
AQa coun~~. JQ~n~. ~* ~r. ~~ti~ularly 4~t fnrth no lA~AI
6e8e~tptiop atta~he4 here~o Qn4 ~Q8 a PAr~ heteof by re:erence,
ma~ked as "~thl~ie Aft an4 compr!stng one ~gets).
TO HAve ANO TO H01.D the said prerm&es, WIth IhOlt appu08l\'-nces LImo 1M said Gf8ntee(s). iml
Grilnl~s) hattS and assIgns 1Qrever, And 1he $aid GranlQrfS) dD88(dO). heteb.,. 'oVenant to _no wllh the Hid
GranleBl~, tl'1al Gcantc,{s) IGiare lh. l)Wnerls) in '8& Simple DI said preMISeS; Inlt saiel r:nen'llsn are free lrom all
Clncumbtances, excePT tnQSElIO whloh Ihl& conveyance lS elCptessty tAllde subject and those made. s~1ered 0'
donI) by lhe Gtantee(s): and subj,ecl to rsseNallens. r8St,l.::tlMiEi. dedlCllllOflS. euemenls. flgnls of wa)'. iIiIl.'ld
agreemen16. (II any) of IOCO(d, ~nCl Qoneral UIIIC.Q and "M8a&fP8Il1&, (inl:iludlng lftlgallan Il'Id ulIk1V 8sseasmenlS. If
any) lar llle cu"enl y.er. whloh Ir. nol yel "". ana pllyaO,.. ailillll4l 13"'0101181 will warranr aM daleno lhe..me
,;om alllawll.ll claims Wt\at$Q9Vsr.
OiUfit.cl:
_I~~ F. t~
HARRY . liMEN by JOHN
~€~p...
AS S ATTORNEi-IN-rA~T
~F.'~.. _
UA2:1B~, S tiER ATTORNEY..] l':-FJ\CT
~liAZ.N
...CKI"lOWl.aoGli_qr, ..c".hn;y i.. 1'/IjCI $("Afli ~F IOAHO, c~~y OF .\DA
:iT"TEOf... 10-'\00 " .::~.nunJFI" AnA .>> :~:OV_I~Tm.~'lIYIlI"lflil'h'IIl~IOtt~Qfaitln.'.
O'~''l '.Ird." J... of . AP1I'J /:::J
,~.tA It. 1lCIM' o[ 1""9l!1 i 'klilrc n!C. mr undrn.I).'Md" No'II')' p;lS-o mllllll~~.aa. eG~~ ~ .",
":~illll'ltJ.fN....~!iMIR'.rI"'Il."'f'~fJ.i - 4f#to'oayQf
- '^lnl \0 ~A7F.N ". J~/.;J.Iflffr1rA1IC8.i/dGJI'iIaf;araff(J
. - ~n If ~enl'lir4 1IIIlF" ID llt the' pr.lClnbol....1u.>o.G nllJlrl.l nrl'~ l'Ub'CJllac'd {-/' ..E";; illliSl _
1 itl2k~'i':mmkl'.'~~~'1!fkwfg,rlr.1lAZ~_ JOHN IA TICA
.'.'l!D"'~~/ltlWltdp'dh'mc""h~I~'''~1'llltdlhrlllmr....!.....t _ 1II;I;oRlI!~"'" ~
_':-J-in'"I:: I ~WJ..AIlli BF:1n.l~~'F. i: nJt.y.~ __ ~ 't. )./'7.l~';--(
. rnrlCllllll JII',nOl.ul, ~114.._.hLa_llll''' ll.lmr.ll .11..1",. "1/~"J.: If: .,
.... t!//' "
" " Srj:Il~IIJI_ .z,..:;.....~.c...:!. "'.) -'''(M.i'..,) l
'... to' ---
N~tI'It. CJ..EiIDA F. WARN~~__
'"I'<'~""'"
JOU~. lD.I\.I10
ItrMdlll~ aI'
M"nm~'tl.nplio: H4)' 1, 1901
4/lu.Ju....
~..l..:.l"/'LI.".1 ....A.LtLI v. "U~Ot Inc.
meava1
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FILE No.548 07/25 '02 00:25
In : TITLE ONE
FAX:3789319
........
. ~ .~ .
:$.'.
.. .~.
r
9S4m)~
O~d=. No.. ST-87010110
l!XPIBU' "A"
PABel!~ I.
A PORTION Of TPl! NW 1/4 aw 1/4 OP SECTION 36. TO~SHIP 4N., 8.11'1..
B."., ADA COUNT~, IDAPO. SSING "OBE PABTICD~B~Y PE8CB1Bl!P AS
f'O\.l.llW8 :
COMMBNCING AT THB NH COBNBB OF SECTION 36, T. 4N.. R. 1.1'1.. B.M.,
i\PA C'UUI\l'.L'~, iDAROl Tnli1'.lC13
80UTH Al.llNO THB SECTION ~IN~ 992.04 FEST TO THl! REA~ P~ACE OF
SEGINNINGI THENCS
80UTH 89 DSGBSBS 41' S.. 639.88 fEST TO A STEE~ PIN/ THENCS
SOUTH 28 DEORf.a8 84' 1'1" IJ.77 Fl!l!T TO AST~SL PIN, THSNCS
SOUTH 0 peGREeS 08' l!., J2.95 fEET TO A 8TSE~ PIN1 THENCS
SOUTH 19 DeGREeS 08' s., 70.05 FEeT TO A STeEL PIN' THsNC~
SOOTH J5 OSGREES 46' s., 83.0; FBET TO A STBEL PIN, THSNCS
sooTn I DEGREE ;0'40. E. 71,99 F8BT TO A STEEL PIN, THENCE
SOOTH 32 DEGREES 50'50" W. 91.17 fSET TO A iTeR\. PIN, THENCE
NO~TH 69 DEGREES 41' W.. 442.74 FEET TO A STEEL PIN' THENCE
NORTH 20~.7J tEET TO A STEEL PIN' THENCE
NOETH 89 DEGREeS 41' 1'1., 208.72 PEET TO A POINT ON THE SECTION
~INE' THENCE
NORTH ALONG SAID Sf-CTION ~INE, 117.67 fE2T TO TOE H~~ P~CE Of
BEG1""ING.
PAH"P.I. Il.
A fORTI ON OF THE NW 1/4 "101 1/4 Of SecTION 36. T. 4".. a; IW..
8.M,. ADA COUNTY. IDAHO. BEING ROBe PARTICUOARLY DPSCRIBEO AS
FO\'l.OWS,
COH.'ISNCING AT THS NW COllNEB OF SECTION 36. T. 4N.. ll. 11<., ~.M..
~A CQUNTY. IDAHO, THSNCE
SOUTH hONG THE SECTION ~INE. l1U9.71 FEET TO THE HEAL PLACE O~
BEGINNING, THENCE CONTINtlNG
SOUTH ALONG S,\ID SSCTION loiNs. 206.73 fEST TO A POINT, THE~CE
SQUTH 89 DEGREES 41' S., 208.72 FSST TO A STEEL PIN, THEACE
NORTH 309,73 FEET TO A STEEL PIN, TH~CE
NORTH 69 DEGREES 41' N., 308.73 FEET TO THE RSA~ PLACE or
REGINNINC.
Appro~eQ py C~ant~..:
~j
\..~./
PAGE 3/ 4
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FILE No.548 CY1/25 '02 08:26
ID;TITLE ONE
FAX:3789319
00I<1',..~:C::;)ji1:'t~~'""
*'t'loi...:Ei,p;..~~...
,. .
'." ,0::. '\:.,'
WARRANTY DEED
671
713
I'm Vil'ull' H:1l1l~t""c:4f
hilr,dk"lud ."lUd wi ft~,
CU.AUW':I!V 1.. J'OU'J'J,; Qnl,J WANUI\ 1\,. 1.'j.JH'/'!:: I
tile uPI'\tars I dn hlll'4.\'hy '1iIIlt. Ill~,r,qll\...ell i1nd i;onWr UIUn
LINDt\. Ut.Jt1I!'Ml'\U, hU$pand anu wifD,
UIII,rom(C" .wlunicl.:'ummtv,hb~j~ -403.& ~oacJow WoQtj
llOlIlIl<P R, IlUJ'PMilN ...,,:/
CrLv9f Me~ld14n, IQaho,
8364,
lIlO following ~"'ri""~ pn..ml....ln
lido
(',.uni)' ld<4h'1, In.w";
1.'hat. purL:.lcl\ ()f thQ NI>rc.hw"lSt:. OUlltt~~ SocUon 36.
Townsnip 4 N"rth. llangG 1 l~...t. !luisa'Meriai,,,); /ld.
COQnty, ld.'~, lying ~s~e.1Y of tbG llas~er1y bank
ot a ce+ta1n ir~i9aticn d~tch, more pa~t1Qula~ly
de5c~~bed .5 follows 1
Begj..nJI1n9 lilt A PQJ.nt. on t.he sec~:l.ou ,Uuc which I:;lOi!.;r:s
South a9"41' ~~st, 1,291.29 feet f~om the section
oorner common to Seotiona 25, 26. 15 an4 36, Township
4 North, Q8nge 1 WaBt, Boiee-M&r!dian~ then~e
South S9"41' E4at 50.00 feet to . paint, thenc..
South 00"00' ~_$t 1,318.43 t&$t to _ potnt, thence
No~th 89'41' West 889.92 feet to e point, thenoG
N'>>'bl> 32'50'50" llast 81.17 feet to a potnt, th_nCG
14o~tb 01'58'40" West 71.98 f..,,~ to e point, thenae
North 25"46' Weot 8.,05 feet tQ e paint, thenoe
North 19'011' West 70. as feet to e point, thence
Nonh OO"OS' w...~ .2.9S t.."t to .. paint, thenoe
No~tb 25054' tast 366.77 feet to a po~~t, ;hcnc~
Soutb 88"41' lla.~ 197.21 teet to a po.nt. thence
Nortl, OO"OS' Wes. 673.6S f""t to the point of bejliJlnin9.
~Cil~T DI'l'CU Mil OOIlll AlG"'!'B OF WAY
;0 HAVI! A.NI) TO nOLI') Uu' liU'" pN:lulNtm. willi Ihcir lll~llmll:l'll'll"':L'" unhl ft,,,, \4ld (i~f'Ih.'1."8.
thei. "com IIlld iI~hmll rl)I~'VU~. "IU.! ~ht." !l:lid (inmlt1fs du llNt'b)-' "'OV~Il:.IIU 141 ana.!
wUlt th&:' 1i::III.1 Griml.n.' s. Ihlt1 t hl;'Y' I"~ uWJI"'l$ itl fllll'tlmpJJ: oj Nil,) }WlI1iw:-.: th.'ll \llt'Y ;Iit' Irll"
r'.ilt\ all i~~L"UfUbr.jfl~,'"
IIl'Id 1hllt t h~y will wurralll IIRd (M'If',tc' I/w MlIIU,' 'mill all htwJ'ld ~hdm'" wha1~~K.""l.'r,
U~J~d: .i:,~. ,,::'t-.. ~,,"' , 198)
/7 /,' '. ~'io"") ,
.6f6.,.,.P'~",~~~,~. ;;r rl-C
Chi.u.ncr~. o:tw
'2' ~ ' '7 .;...-
{j'''''''f If ..,'1'/.
ill"lQ:q A. POrt~
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RT,\TI~ Of' WlMW. r. n' l)~' , ,;~ folL
llulln" .~~, l~ IlRV lof at. 'A~(.it.-wB3,
tw"61" Ill". 3 Ilffl.,-y P"pUc III and. rllr .llt $'al." ,...rlillllll'lr
._01 Clfl\UlICEY ~. fOUl! amI
WAtlOA A. ro~~ll r hual>and and wHo,
NT"''I'.: 411" III:\IEO, (:{)ut:'I'\' t'If' tJdt.v
I ""rl"" 1~'rU(Y tflat ftliH IllIlln/RIM1 ......JlIiI.'f) tlfl' llOn'r4 IU
ttu....~llIr ~iUJItI
~I % ml"ulfo", ~~. II j"rlfffaA m"
Ihl~l~ ,( l/.f"I ..:5ep. ~
11tQ,? I In 1ft$' ,4" ~od d>>Jv ...,.,.".~ in PQU
.>1.\....Jh.A1p.ollf'
klU>"''' lJ' ml' ,.. b,< fAr p.rnktll' S kn.. ~\.~ IIJioln.. S
li<<1tNn/N'4 111 Jbr w~lJUn lYliINllWllJ. "1111 ...rlml.....I...~t" ,..
.. .hM tlW'}' .' il'wt'iIH th" "nll'
,a' .
>1~'!"l(rl.l ~/, I, /~'"(~l Pr'f IJ , _
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.........., ~-i. - ;';;n<a,,:;;, .dt. 41,?.''''''
ComWk'. EIlllftl 4l, IS'.. IV'" (I(l~'1
JOHN BAST'!)"
"J-(1Iftf/o~.J'
1J,~~:A,Ul #tIJ
",.., Zog
"'lilt 101
Dr-pIlJr.
@' Q,,..tl~ll~.U,
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. fol.c.:.......twl.~'rI i.IV'ItA"f
PAGE
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AFFIDAVIT OF LEGAL INTEREST
)
)
COUNTY OF ADA )
I, Frank Fisher ~ AI-.).b~":fl.d."e,
(name)
STATE OF IDAHO
Meridian
(city)
4450 N. Linder Road
(address)
being first duly sworn upon oath, depose and say:
ID
(state)
1. That I am the record owner of the property described on the attached, and
I grant my permission to:
Douglas Campbell, CMD Inc.
(name)
1661 W. ShDreline, #200, Boise ID 83702
(address)
to submit the accompanying application pertaining to that property.
2. 1 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.
Datedthis J?- (
My Commission Expires: J ..z1- () S
SUBSCRIBED AND SWORN to me before the day and year first above written.
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AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
)
COUNTY OF ADA )
I, Don Huffman 'r' 4/IJM M4fNIriA.;
(name)
Meridian
(city)
ill
(state)
4035 Meadow Wood
(address)
being first duIy sworn upon oath, depose and say:
1. That I am the record owner of the property described on the attached, and
I grant my permission to:
CMD Inc., Doug Campbell
(name)
1661 W. Shoreline Dr., Boise, ID 83702
(address)
to submit the accompanying application pertaining to that property.
2. 1 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
SUBSCRIBED AND SWORN to me before the day and year first above written.
I Sent By:
~
C
Meridien P&Zj
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Jul-24-02 1 :57PMj
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888 6854;
Jul-24-02 1 :57PMj
Prooertv Owners within 300 ft.
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LE6AIlIDA FULGENCIO
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LE6A4RETA JOSE R
1360 W MCMILLAN IU>
MElu~rAN It! 83642-0000 .
810 w\ MCMILLAN Rl) .
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aEws!e L
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BEWSISHIRLEY G
5204 III SORRENTO erR
BOIse :m 83704-0000
4755 ~ LINDER AD
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BRINl;6AR VIRGINIA K
5190 N L.OCUST GROVE AD
MERIdIAN ID 83642-0000
943 wi MCMILLAN Al:>
43451'il LINDEA AD
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EB8It-tHAUS JOHN It JR
22162 DUENDE
MISSJjoN VIEJO CA !il2691~0
1437 W MCMILLAN Al>
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BRUCK M bAWN
1295 Y.l MCMILLAN Ab
MERttb:AN 10 83642-5147
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1365 VI( MCMILLAN AD
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J../UFF~AN DONALD R ~ LINbA
4035 ~EAI)OW WOOD I)R
MEllIO~AN Il> 83642-5839
W MC1ILLI^N RD
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ENGLISH BRIAN L &.
ENGLISH MARG,l\RETHA M
4650 N LINDER RD
MElttDIAN Ib 83642.5451
CONVERSE AlAN Ii: &.
CONVERSE TAWI'NA S
4550 UNDER Rt>
MEIUbIAN 10 83642-0000
FISHER FRANK N "*
FISHER ANDREA K
4450 N LINDER RD
MERIDIAN ID 83642.5416
N L.INDER AD
VORGASON J RAMON
YORGASON MAIULYN
6200 N MEa:ER PL
BOISE 11:1 83713-0000
N UNDER AD
Page 4/4
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Jul-24.02 1:57PM;
Page 2
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14 UC U 1: Ul:Jp
LAW OFFICE
208 887 0809
p.2
CMD, INC.
REAL ESTATE MANAGE!vlENT & DEVELOPME.'lT
1661 SHoRllLlNll DtuvE
BoISl!, :lDAliO 83702
TE1.(208) 947-1960
(208) 371.3558
FAlJ;(208) 34Z.2220
I.md,.ll.aiclenlW, U1d Commurcill
Real:BI1lll DcnloplJIInt
August 8, 2002
Honorable Mayor and City Council
City of Meridian
33 E. Idaho Avenue
Meridian, 10 83642
Re: Cobblefield Crossing Residential Subdivision, AnnexationlZoning, and
Preliminary Plat, Letter of Intent
Dear Mayor and Council:
On behalf of CrvID, Inc., we submit this application for the Cobblefield Crossing residential
subdivision, located on Linder Road between UStick and McMillan. Copies of the IlPplication
materials, and the illustration ofthe proposed site development are included in this booklet.
By way of background, the subject property, which is the subject of this application is currently
agricultural land with one home site with various outbuildings. The Cobblefield Crossing site
includes. 15.4 acres, and has been designed with a total of 89 lots (72 new residential, I existing
residential, and 16 common area lots), and we include a request for annexation with a zoning
designation ofR-8, for 4.74 dwelling units per acre proposed.
The enclosed annexation and zoning application and the preliminary plat have been designed as
shown, and the 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 City Comprehensive Plan, dated July, 2002.
Specific Comprehensive Plan policies, which support the requested zone change include the
following: '
1) 1J Community Design Policies - OpeD Spaces;
2) 1.4 Land Use Residential Policies for new development;
3) l.5U Balance of Land uses;
4) 1.6 Housing Benefits
5) 17 Sewer
6) 2.2U Neighborhood Parks;
7) 23U Property Values;
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Au~ 14 02 01:05p
LAW OFFICE
208 887 0809
p.3
An R-B zoning designation is requested with this annexation and the subdivision plat will contain
lots ranging. in size from a minimum of 4135 square feet to approximately 11,52] square feet.
All streets will be public, and will be constructed, along with curb, gutter, and sidewalks to the
standards required by the Ada County Highway District and the City of Meridian.
Sewer and water service is readily available, and win be provided by the City of Meridian.
Drainage will be handled by surface and subsurface methods, and will be designed tot he
standards of all appropriate regulatory agencies. A pressurized irrigation system will be
provided for all lots within the development.
The development has been designed to include landscaping at the entrance and along North
Linder Road. There are also landscaped areas along the roads within the subdivision itself.
Sidewalks and Access Pathways have been included within the design to provide for proper
pedestrian traffic throughout the subdivision. One (1) large park area and walking path is
included within the development and will be used as such. All common area lots will be owned
and maintained by the Homeowners Association, which will be established for the subdivision.
In aU, CobblefieJd Crossing will be a quality and compatible subdivision to this area of Meridian.
Its pI anned use and design is such that it is compatible with sUrrounding developments. The
requested zoning to R-B will benefit the public iriterest by providing desireable housing needs to
this acres of the City while allowing for the ~ed improvement and the expansion of city
services. This application submittal includes all items listed within the preliminary plat and the
annexation checklists, We look forward to working with you and your staff in this niatter We
hereby request approval of this project.
Sincerely,
Rod 1. Ralphs
Representing CMD, Inc.
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I STATEMENT : COOBLEFIELD CROSSING
1661 SHORELINE DRIVE
BOISE ill 83702
PHONE: 208-947-1980
FAX: 208-342-2220
.';{jl'\IJIIIJllIltltri .::~I1I;I"lil
CMD, INC. AGGEES TO ITEM # 14 ON CONDmONAL USE APPLICATION WHICH STATES
TIIAT CMD, INC. WILL PAY FOR ANY ADDmONAL SEWER, WATER, OR CHARGES, IF
ANY, ASSOCIATED Wl11I THE USE OF PROPOSED APPLICATION.
," dlB!!biJl'rv /'//,
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Ji;if~riW~!'ifitl{:" '~LAS T CAMPBELL
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ANNEXATION REZONE
PRELIMINARY PLAT
CONDITIONAL USE
[POSTING AFFIDA VIll
1, DOUGLAS T. CAMPBElL OF CMD, INC. DO HEREBY CERTIFY THA CMD, INC. IS THE APPLICATE OF
THE LAND DESCRIBED AS " COOBLEFlELD CROSSING "SUBDNlSION IN A APPLICATION FOR ABOVE
USES BEING SUBMITTED TO THE CITY OF MERIDIAN FOR CONSIDERATION.
I FURTHER STATE THAT I HEREBY OFFlCIALL Y REQUEST ANNEXATION, REZONE, PRELIMINARY
PLAT AND CONDmONAL USE PERMIT OF SAID PROPERTY BY THE CITY OF MERIDIAN, IDAHO
IN ADDmON, I HEREBY STATE AND CERTIFY THAT THE SUBJECT PROPERTY WILL BE POSTED
ONE WEEK BEFORE THE PUBLIC HEARING STATING THAT THE ABOVE-MENTIONED APPLICATIONS
wrrn THE CITY OF MERIDIAN HAVE BEEN MADE.
) ,-I
DATED TIllS
DAY OF
;;"tr t-S r-
.2002
O~
BY:
STATE OF IDAHO)
COUNTY OF ADA) SS.
ONTIllS 14, DAY OF ~ .2~EFOREMEANOTARYPUBLICINAND
FOR SAID STATE, PERSONALL DOUGLAS T CAMPBELL, KNOWN TO ME TO BE THE
PERSON WHOSE NAME 18 SUBSCRlBBED TO THE WITHIN INSTRUMENT, AAND ACKNOELEDGED
TO ME THAT HE EXECUTED THE SAME.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET IN MY HAND AND AFFIXED MY OFFlCIAL SEAL
THE DAY AND YEAR FIRST ABOVE WRIITEN.
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ING IN ~ . IDAHO
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COBBLEFIELD CROSSING
SUBDIVISION LANDSCAPE PLAN
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PREUMINARY LANDSCAPE PlAN
STERT oTNG
~dscapeArClii~
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DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
OF
COBBLESTONE CROSSING SUBDNISION
(Also known from the original plat as
State ofIdaho)
Subdivision, in the City ofMeridan, County of Ada,
.)
.:.
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TIllS DECLARATION is made on the date hereinafter set forth by CMD,Inc., hereinafter
referred to as the "Declarant".
WITNESSETH
WHEREAS Declarant is the owner of certain real property in Ada County, Sate ofIdaho,
hereinafter referred to as the "Property" and/or "Properties", more particularly described as follows:
mBI
WHEREAS, Declarant desires to subject the above described Properties to certain protective
covenants, conditions, restrictions, reservations, easements, liens, and charges for the benefit of the
Properties and their present and subsequent Owners as hereinafter specified, and wilI convey the
Properties subject thereto;
NOW THEREFORE, Declarant hereby declares that all of the Properties above described shall
be held, sold, and conveyed, upon, and subject to, the easements, conditions, covenants, restrictions,
and reservations hereinafter set forth, all of which are for the purpose of enhancing and protecting the
value, desireability, and attractiveness of, and which shall run withthe Properties, and shall be binding
on all parties now or hereafter having any right, title, or interest therein, or to any part hereof, and shall
inure to the benefit of each owner thereof.
ARTICLE ONE: DEFINITIONS
The following terms shall have the following meanings:
1.1 ASSOCIATION shall mean and refer to the Cobblestone Crossing Subdivision
Homeowners' Association, Inc., a non-profit corporation organized under the laws of
the state ofIdaho, its successors and/or assigns;
1.2 COMMON AREA: shall mean all real property and improvements thereon, including
private streets, drives, parking areas, and recreational facilities, owned by the
Association for the common use and enjoyment of the OWners. The Common areas to
be owned by the Association at the time of the conveyance of the first lot is/are
described as follows:
Declaration of Covenants, Conditions, and Restrictions
Cobblestone Crossing Subdivision
page 1 of 24
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1.3 DECLARANT shall mean and refer to CMD, Inc., their successors, and subject to the
provisions of Article 15, section 4, set forth below, and its assigns;
1.4 DECLARATION: shall mean and refer tot he Declaration of Covenants, Conditions,
and Restrictions applicable to the Properties recorded in the office of the County
Recorder of Ada County, State ofIdaho;
1.5 DWELLING UNIT: shall mean that portion or any part of any structure intended to be
occupied by a person, persons, and/or one family unit, together with the vehicular
parking garage attached thereto, and any and all projections therefrom;
1.6 FIRST MORTGAGE: shall mean any Mortgagee possessing a lien on any Dwelling
Unit first and prior to any other Mortgage;
1.7 INSTITUTIONAL HOLDER: shall mean a Mortgagee which is a bank, savings and
loan association, or established mortgage company, or other entity chartered under
federal and/or state laws, and/or any corporation or insurance company, or any federal
or state agency;
1.8 LOT or LOTS: shall mean and refer to any plot ofIand shown upon any recorded
subdivision map of the Properties, with the exception of the Common areas;
1.9 MORTGAGE: shall mean any mortgage, deed oftrust, or other security instrument by
which a Dwelling Unit or any part thereof is encumbered;
1.10 MORTGAGEE: shall mean any person or any successor to the interest of such person
named as the mortgagee, trust beneficiary, or creditor under any Mortgage;
1.11 OWNER: shall mean and refer to the record owner, whether one or more persons
and/or entities, of the fee simple titled to any lot which is part of the Properties
including contract sellers, but excluding those having such interest merely as a security
of the performanCl; of an obligation;
1.12 PLAT: shall mean a final subdivision plat covering any real property in the
Cobblestone Crossing Subdivision as recorded in the office of the county recorder for
the county of Ada in the state ofIdaho, as the same may be amended by duly recorded
amendments thereto; ,
1.13 PROPERTIES: shall mean and refer to that certain real property hereinabove
described;
Declaration of Covenants, Conditions, and Restrictions
Cobblestone Crossing Subdivision
page 2 of 24
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ARTICLE Two: PROPERTY RIGHTS
2.1 ENJOYMENT OF COMM:ON AREAS: Each Owner shall have a right and easement of
quiet enjoyment in and to the Common Area, and such easement shall be appurtenant to
and shall pass with the title to every Lot, subject, however, to the following provisions:
A. The right of the Association to levy reasonable assessments for the maintenance of any
landscaping improvement, or other facilities situated upon the common area;
B. The right of the Association to suspend the voting rights and the right to the use of the
recreational facilities, if any, by an Owner for any period during which any assessment
against his lot remains unpaid; and for a period not to exceed sixty (60) days for any
infractions of it published rules and/or regulations;
C. The right of the Association to limit the number of members permitted to use the
Common Area at any given time;
D. The right of the Association to charge reasonable admission fees for the use ofany
recreational facility situated upon the Common Area or to otherwise control the right to
charge a special use fee for members who desire exclusive, short-term use of such
facility, and who are willing to pay a special fee or assessment for such use;
E. The right of the Association, in accordance with its articles and bylaws, to borrow
money for the purpose of improving the common area and facilities and, in aid thereof,
to place a mortgage or trust deed thereon, which shall be a first and prior lien there
against; provided that the Common Area may not be mortgages or conveyed without
the consent of at least 66 2/3% of the Owners (excluding the Declarant), and that any
conveyance or mortgage of the Common Area shall be subject to, and subordinate to
the rights of ingress and egress of an Owner to hislher lot;
F. The rights of the Association, to dedicate or transfer all or any part ofthe Common
Area to any public agency, authority, or utility for such purposes and subject to such
conditions as may be agreed to by the menibers; provided, however, that except as to
the Association's right to grant easements for utilities and similar or related purposes,
no part of the Common Area, and facilities may be alienated, released, transferred,
hypothecated, or otherwise encumbered without the written approval of all First
Mortgagees and two-thirds (213) of the votes of each class of members who are voting
in person, or by proxy at a meeting duly held for this purpose;
G. The right of the Directors of the Association to promulgate reasonable rules and
regulations governing such right of use, from time to time, in the interest of securing
maximum safe usage of the Common Area, by the members of the Association, without
unduly infringing upon the privacy or enjoyment of the Owner or occupant of any part
of said property, including, without limitation, rules restricting persons under or over
designated ages from using certain portions of the Common Area during certain times
and reasonable regulations and restrictions regarding vehicle parking.
Declaration of Covenants, Conditions, and Restrictions
Cobblestone Crossing Subdivision
page 3 of 24
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2.2 DELEGATION OF USE: Any member may delegate, in accordance with the rules and
regulations adopted from time to time by the directors, his right of enjoyment to the
common area and facilities to the members or his/her family, his/her tenants or contract
purchasers, provided that they reside on the property at the time of such use.
ARTICLE THREE: HOMEOWNERS' ASSOCIATION
3.1 MEMBERSHIP: Every owner ofa lot, which is subject to the assessment shall be a member
of the Association. The foregoing is not intended to include persons or entities who hold
an interest merely as security for the payment of an obligation. Membership shall be
appurtenant to and may not be separated from ownership of any Lot, which is subject to
assessment. Such ownership shall be the sole qualification for membership, and shall
automatically commence upon a person becoming such Owner and shall automatically
terminate and lapse. when such ownership in said property shall terminate or be transferred.
Absolute liability is not imposed upon the Owners/members for damage to Common areas
or Lots in the subdivision;
3.2 VOTING RIGHTS: The Association shall have two classes of voting membership:
A. Class A: Class A members shall be all Owners, with the exception of the Declarant,
and shall be entitled to one vote for each lot owned. When more than one person holds
an interest in any lot, all such persons shall be members. The forte for such lot with
multiple owners shall be exercised as the owner(s) determine, but in no event shall
more than one vote be cast with respect to any Lot. Fractional votes and/or cumulative
voting shallnot be allowed. The vote applicable to any said Lot being sold under
contract of purchase shall be exercised by the contract seller, unless the contract
expressly provides otherwise,
B. Class B: Class B members shall be the Declarant and shall be entitled to three (3) votes
for each lot owned. The Class B membership shall cease and be converted to Class A
membership on the happening of either of the following events, whichever occurs first:
I. When the total votes outstanding in the ClassA membership is equal to the total
votes outstanding in the Class B membership; or
ii. On December 31, 2012.
3.3 ASSESSMENTS
A. Creation of Lien and personal obligation of Assessments: Each owner of any lot, by
acceptance of a deed therefore (whether or not it shall be so expressed in such deed), is
deemed to covenant and agree to pay to the Association:
I. Regular annual or other regular periodic assessments or charges; and
ii. Special Assessments for capital improvements, such assessments to be fixed,
established and collected from time to time, as hereinafter provided.
Declaration of Covenants, Conditions, and Restrictions
Cobblestone Crossing Subdivision
page 4 of 24
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The regular and special assessments, together with interest, costs of collection and
reasonable attorney's fees shall be a charge on the Lot and shall be a continuing lien
upon the lot against which such assessment is made. Each such assessment, together
with interest, costs of collection, and reasonable attorney's fees, shall also be the
personal obligation of the Owner of such lot at the time when the assessment fell due.
The obligation shall remain a lien on the Lot until paid or foreclosed, but shall not be a
personal obligation of successors in title, unless expressly assumed.
B. Purpose of Assessments: The assessment levied by the Association shall be used for
the purpose of promoting the recreation, health, safety, and welfare of the residents in
the Properties, for the operation, maintenance repair, and improvement of the Common
Areas, and facilities located thereon, for the reasonable expenBes incurred in the
operation of the affairs of the Association, for the expenses incurred by the Association
in connection with any of its obligations contained in this Declaration or in the bylaws
of the Association and for any other purpose reasonably authorized by the directors of
the Association.
C. Maximum Annual Assessment: Until January I of the year immediately following the
conveyance of the first lot to an owner, the maximum annual assessment shall be
$300.00.
1. From and after January I of the year immediately following the conveyance of
the first Lot to an Owner, the maximum annual assessment may be increased
each year not more than ten percent (10%), or the maximum percentage increase
allowable by Federal National Mortgage Association (whichever is greater),
above the maximum assessment as set forth above;
ii. From and after January I ofthe year immediately following the conveyance of
the first Lot to an Owner, the maximum annual assessment may be increased
above the amount set forth in the preceding paragraph by a vote of two-thirds
(2/3) of the votes of each class of members who are voting in person or by proxy
at a meeting duly called for this purpose;
iiL The Board of Directors of the Association may fix the annual assessment at an
amount not in excess of the maximum; and said assessments shall be payable to
the Association in regular montWy or quarterly installments as may be
determined by the Board of Directors.
D. Initiation and Transfer Assessments: Upon the initial conveyance of each lot, the
purchaser thereof shall pay an initiation assessment in the amount of three hundred
dollars ($300.00). Upon each subsequent conveyance of each Lot, the purchaser thereof
shall pay to the Association a transfer assessment in the amount of$50.00.
E. Special Assessments for Capital Imorovements: In addition to the regular assessments
authorized above, the Association may levy, in any assessment year, a special
assessment applicable to that year only for the purpose of defraying, in whole or in part,
the cost of any construction, reconstruction, repair or replacement of a capital
improvement upon the Common Area, including fixtures and personal property related
Declaration of Covenants, Conditions, and Restrictions
Cobblestone Crossing Subdivision
page 5 of 24
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thereto, orovided that any such assessment shall have the assent of two-thirds (2/3) of
the votes of each class of members who are voting in person or by proxy at a meeting
duly called for this purpose. Any such special assessment shall be payable over such a
period as the Association shall determine.
F .Notice and Ouorum for Anv Action Authorized Under Sections 3C and 3E: Written
notice of any meeting called for the purpose of taking any action authorized under Section
3C or 3E, above, shall be sent to all members not less than thirty (30) days nor more than
sixty (60) days in advance of the meeting. At the first such meeting called, the presence of
members or of proxies entitled to cast sixty percent (60"10) of all the votes of each class of
membership shall constitute a quorum. If the required quorum is not present, another
meeting may be called subj ect to the same notice requirement, and the required quorum at
the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding
meeting. No such subsequent meeting shall be held more than sixty (60) days following
the preceding meeting.
G. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a
uniform rate for non-exempt Lots.
H. Date of Commencement of Annual Assessments: Due Dates: The annual assessments
provided for herein shall commence as to a Lot sold on the first day of the month
following the initial conveyance of the said Lot. The first annual assessment shall be
adjusted according to the number of months remaining in the calendar year. The Board of
Directors of the Association shall fix the amount of the annual assessment against each Lot
at least thirty (30) days in advance of each annual assessment period.
Written notice of the annual assessment shall be sent to every Owner subject thereto. The
due dates shall be established by the Board of Directors. The Association shall, upon
demand, and for a reasonable charge, furnish a certificate signed by an officer of the
Association setting forth whether the assessments on a specified Lot have been paid. A
properly executed certificate of the Association as to the status of assessments on a Lot is
binding upon the Association as of the date of its issuance. .
I. Effect of Nonpayment of Assessments: Remedies of Association: Any assessment not
paid within thirty (30) days after the due date shall bear interest from the due date at the
rate of twelve percent (12%) per annum. The Association may bring an action at law
against the Owner personally obligated to pay the same, or foreclose the lien against the
property. No Owner may waive or otherwise escape liability for the assessments provided
for herein by non-use of the Common Area or abandonment of his Lot.
J. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein
shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not
affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage
foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assesSments
as to payments which became due prior to such sale or transfer. No sale or transfer shall
relieve such Lot from liability for any assessments thereafter becoming due or from the
lien thereof.
Declaration of Covenants, Conditions, and Restrictions
Cobblestone Crossing Subdivision
page 6 of 24
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K. Exempt Property: The following property, subject to this Declaration, shall be exempt
from the assessments created herein:
i. All property expressly dedicated to and accepted by a Local public authority;
ii. The Common Area;
iii. All other Properties owned by Declarant or the Association;
IV. All Lots owned by Declarant, until title is transferred to another, or
until occupancy, whichever occurs first.
ARTICLE FOUR: lRRIGATION W ATER SUPPLY SYSTEM
4, I Irrigation Water Supply: Each Lot shall have access to an Irrigation
Water Supply System to be constructed by Declarant and owned and operated by the
Narnpa Meridian Irrigation District, All Owners to which the system has been extended
shall be required to pay any assessment therefore levied by Nampa Meridian Irrigation
District.
4.2 Easement For Irrigation Water SllPoly Svstem: Declarant and the Nampa
Meridian Irrigation District shall have a permanent easement for the construction,
maintenance and repair of the irrigation water supply system and related wells, pumps,
pipes, and any other conveyancing apparatus in the utility easement areas as are depicted
on the Plat, together with the right of ingress to and egress from the easement premises
over and across the privately owned property of Owners to perform maintenance upon the
well, pump, pipes and other conveyancing apparatus comprising the irrigation water
supply system together with all rights necessary for the full and complete use, occupation
and enjoyment of the easements hereby reserved, and all rights and privileges incident
thereto, including the right from time to time to cut, trim and remove trees, brush,
overhanging branches, and other obstructions which may injure or interfere with the use,
occupation or enjoyment of the reserved easement.
ARTICLE FIVE: EASEMENTS
5, I Future Easements: The Association shall have the future right to provide for
such easements across, upon and'under the surface of its Common Area as platted herein
as may be reasonably necessary to serve the interests and convenience of the property
Owners of this subdivision for public or private ways, public utilities (including cable
television), drainage, access, subterranean irrigation lines, eaves and/or balcony
overhangs.
5.2 Encroachments: In the event that, by reason of the construction, settlement or
shifting of the building, any part of any Dwelling Unit or drainage water from any Lot
or Dwelling Unit encroaches or shall hereafter encroach upon any part of the Common
Area or any adjacent Lot, easements for the maintenance of such encroachment and for
such use of the areas encroached upon are hereby established and shall exist for the
benefit of said Dwelling Unit, so long as all or any part of the buildings shall remain
Declaration of Covenants, Conditions, and Restrictions
Cobblestone Crossing Subdivision
page 7 of 24
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standing; provided, however, that in no event shall a valid easement for any encroachment
or use of the Common Area or adjacent Dwelling Units be created in favor of any Owner
of such encroachment or use if it is detrimental to or interferes with the reasonable use
and enjoyment of the property by other Owners and if it occurred due to the willful
conduct of any Owner.
5.3 Easement for Maintenance: Declarant and the Association shall have a
permanent easement to go upon the privately owned property of Owners in this
subdivision to perform maintenance upon the Properties and the Common Area,
including, but not limited to, snow removal, landscape maintenance, utility service and
drainage system maintenance, subterranean irrigation water system maintenance and
perimeter fence maintenance, together with all rights of ingress and egress necessary for
the full and complete use, occupation and enjoyment of the easements hereby reserved,
and all rights and privileges incident thereto, including the right from time to time to cut,
trim and remove trees, brush, overhanging bEstateses. and other obstructions which may
injure or interfere with the use, occupation or enjoyment of the reserved easement and the .
operation, maintenance and repair of utility service connections and drainage systems.
ARTICLE SIX: MAlNTENANCE RESPONSffiILITY
The Association shall provide maintenance to and be responsible for the Common Areas
and improvements thereon, including all drainage facilities. In the event the need for
maintenance or repair is caused through the willful or negligent act of an Owner, his
family, guests or invitees, the costs of such maintenance or repairs shall be added to and
become part of the assessment to which such Owner's Lot is subject. Each Owner shall be
responsible for maintaining and keeping in good order and repair the exterior of his
Dwelling Unit and any private decks, fences (if permitted as herein provided), courtyards,
landscaping and lawn contiguous to his Dwelling Unit, except any perimeter fence which
may be constructed around the Properties, the maintenance of which shall be done by the
Association. The Association reserves an easement for ingress, egress and maintenance as
may be reasonably necessary to peIform the maintenance duties of the Association. In the
event of damage or destruction of a DwelIing Unit by fire or other casualty, the owner
must complete repaii- and/or replacement of the Dwelling Unit within one hundred-eighty
(180) days of the damage or destruction.
ARTICLE SEVEN: PRIVATE ROADWAY AND STORM WATER DRAINAGE
AND RETENTION SYSTEM
7.1 Private Roadway Maintenance:
7.2 Ada Countv Highway District Storm Water and Drainage Easement: Ada
County Highway District (ACHD) is hereby granted a perpetual blanket storm
water, drainage, overflow and retention easement over Lot **, of Block **, and
Lot ** of Block **, of the Cobblestone Crossing Subdivision, and upon which
Declarant shalI have constructed a storm water retention ponds to be owned by
the Association and operated and maintained as set forth herein. The easement
granted hereby shall include the right to construct, install, maintain and replace a
Storm Water Drainage and Retention System, together with the right of access
Declaration of Covenants, Conditions, and Restrictions
Cobblestone Crossing Subdivision
oage 8 of 24
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thereto for all purposes consistent with this grant of easement. As used herein,
the Storm Water Drainage and Retention System also includes the street gutters,
drop inlets, storm drainpipes and all related facilities.
7.3 Storm Water and Drainaee Easement Area Restrictions:_The drainage
easement area described in this Article shall be improved with bio-vegetated
grassy swales in which no permanent buildings,. fences, trees or structures shall
be placed. Notwithstanding the foregoing, other landscaping improvements (for
example, shrubs and grass) and playground equipment, benches and the like
may be placed or instalIed in the bio-vegetated grassy swale areas, providing
that the placement and installation of such improvements shall not interfere with
the easements granted to ACHD hereunder or interfere with the Storm Water
Drainage and Retention System. In the event any such improvements are placed
or instalIed in the said easement area, ACHD shall have no responsibility or
liability for any damage thereto or destruction thereof which 111 ay occur as a
result of any reasonable maintenance or repair activities undertaken by ACHD.
7.4 Operation and Maintenance of Storm Water Drainage and Retention System:
The Association shall provide all"light" maintenance of the Storm Water
Drainage and Retention System, including the storm water retention ponds
described herein as specified in the Operation and Maintenance Manual for
Light Maintenance of the Storm Water Retention Ponds Located Within
Cobblestone Crossing Subdivision, prepared by Leavitts and Associates
Engineering.
Required maintenance shall include, but not be limited to, the folIowing:
A. Periodic inspection of the Storm Water Drainage and Retention System,
including the banks of the retention area and bio-vegetated grassy swales for
water spots and other erosion, on at least a monthly basis;
B. Landscape maintenance including, but not limited to, mowing, trimming,
fertilizing and irrigating, provided, however, any such irrigation shall not
interfere with the operation of the Storm Water Drainage and Retention
System;
C. Collection and disposal of any and all trash and debris found in and around
the easement area; cind
D. Periodic inspection of the bottom of the bio-vegetated grassy swale areas for
the accumulation of sediment or organic materials.
E. ACHD shall have the right to inspect such facilities and/or areas, and if
necessary, promptly perform any required maintenance.
F. The concurrence by ACHD is required with any proposed changes in the
previously approved documentation pertaining to the maintenance and
access to any ofthe areas affected and/or affecting ACHD.
Declaration of Covenants, Conditions, and Restrictions
rohhl".ton" rrn..in" !O;nhriivi.inn
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G. ACHD shall be able tD assess the costs of any required maintenance to the
property within the development, including the UBe of liens and/or
assessments of maintenance costs against the real property taxes owed by the
lots within the development
7.5 Association's Failure to Maintain: Ada County Highway District: In the event
that ACHD determines in its sole discretion, that the Association is not
adequately maintaining the Storm Water Drainage and RetentiDn System, then
ACHD shall be permitted to do so; provided, however, that before undertaking
maintenance of the said system, ACHD shall provide thirty (30) days advance
written notice of its intention to do so and by which said notice shall specifically
identify the maintenance which is then required. In the event the Association
shall fail to complete the items of maintenance as specified in said notice within
the thirty (30) day period provided, then in that event, ACHD may begin to
undertake such maintenance. ACHD is hereby granted an irrevocable license
and easement to enter upon any portion of the storm water and drainage
easement area to perform such maintenance and inspectiDn of the Storm Water
Drainage and Retention System. Should ACHI;> engage in maintenance of the
Storm Water Drainage and Retention System after having provided the required
notice to the Association and having provided the Association an opportunity to
undertake said maintenance, ACHD shall first bill the Association for the cost of
the said maintenance and, if said 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 the subdivision with the power of sale as to each and every lot in
order to secure any and all aBsessments levied against all Lots in the subdivision
pursuant to this Declaration as if the said maintenance had been performed by
the Association, tDgether 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, and all Lot ownerB, by accepting title to a LDt, agree that all Lot
owners in the subdivision are benefited property owners of such maintenance.
The Association shall not be dissolved or relieved of its responsibility to
maintain the Storm Water Drainage and Retention System without the prior
written approval of ACHD.
7.6 Heavy Maintenance of Storm Water Drainage and Retention System: ACHD
shall perform the "heavy" maintenance of the Storm Water Drainage and
Retention System which said "heavy" maintenance consists of periodically
inspecting the Storm Water Drainage and Retention System to insure it is
functioning properly, cleaning out the facility piping, and mucking out the
facility when the sediment level exceeds the designed storage level. In the event
ACHD shall elect not to perform such "heavy" maintenance, then the
Association shall do so. Notwithstanding anything contained hereinabDve to the
contrary, ACHD shall own and be responsible for the Dperation, maintenance
and repair of all storm drains within the public rights-of-way and within any
Ada County Highway District storm drain easements as may depicted on the
Plat.
Declaration of Covenants, Conditions, and Restrictions
Cobblestone Crossing Subdivision
page 10 of 24
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ARTICLE EIGHT: PROPERTY USE RESTRICTIONS
The following restrictions shaIl he applicahle to the Properties and shall he for the henefit of
and limitations upon all present and future Owners of said property, or of any interest therein:
A. Lot Use: No Lot, with the exception of the Common Areas shaIl he used except.
for single-family residential purpose. No Lot or the Common Area shaIl be used for the cDnduct
of any trade, business or professional activity. All Lots and improvements constructed thereon
must comply with all applicable governmental rules, ordinances, laws, Btatutes and regulations.
The Owner of each Lot shaIl complete construction of a Dwelling Unit as permitted herein
within one (1) year after the date of commencement thereof.
B. Animals: No animals, livestock, or poultry of any kind shaIl he raised, bred or
kept on any part of said Properties, except that two dogs, cats or other
household pets may be kept within a Dwelling Unit or within a fenced area as
may he approved by the Architectural Control Committee. Any animals outside
a Dwelling Unit or fenced area must he on leashes, and the Owner or custodian
of the animal shall he responsihle for the immediate cleanup Dfthe animal's
droppings. The term "fenced area" as used in this paragraph shaIl he interpreted
to include any electronic pet containment system; provided, however, that the
boundary of any such system shall be approved by the Architectural Control
Committee and that in no event shaIl the said boundary extend beyond the front
plane of the Dwelling Unit constructed on said Lot.
C. Garbage and Refuse Disposal: No part ofsaid Properties shaIl be used or
maintained as a dumping ground for rubbish, trash Dr other waste. No garbage,
trash or other waste shaIl be kept or maintained on any part of said Properties
except in a sanitary container. Any incinerators or other equipment for the
storage or disposal of such material must not violate setback restrictions, must
be enclosed with an aesthetic screen or fence, as may be approved by the
Architectural Control Committee and shaIl be kept in a clean and sanitary
condition. Refuse containers may be placed at the curb in front of each Lot no
earlier then the night prior to the regular pickup day and must be retrieved
promptly after pickup.
D. Nuisance: No noxious or offensive or unsightly conditions shaIl be permitted
upon any part of said Properties, nor shaIl anything be done thereon which may
be or become an annoyance or nuisance to the neighborhood. No exposed
antennae or sateIlite dishes BhaIl be erected on the Properties without the prior
approval of the Architectural Control Committee, which approval may be
withheld in its sole discretiDn. Any holiday decorations shaIl be removed
promptly following the said holiday.
Declaration of Covenants, Conditions, and Restrictions
Cobblestone Crossing Subdivision
page 11 of 24
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E. Outbuildings: No trailer, truck camper, tent, garage, barn, shack or other
outbuilding Bhall at any time be used as a residence temporarily or permanently
on any part of said Properties.
F. Parkin!! and Storage of Vehicles and Equipment: Parking or storage ofbDats,
trailers, motorcycles, trucks, truck campers, motor homes, recreational vehicles,
and/or like equipment, or junk cars or other unsightly vehicles, shall not be
allowed on any Lot nor on the Common Area, except in fully enclosed
buildings or screened from view from the street fronting the lot in a manner
approved in writing by the Architectural Control Committee; provided,
however, that boats, trailers, campers, motor homes or similar vehicles used for
recreational purposes, or other similar vehicles may be parked on a Lot for a
period not to exceed 48 hours while in immediate use by and Owner, being
prepared for use, or being prepared for storage after use. All other parking or
storage of any other equipment shall be prohibited, except as approved in
writing by the Board of Directors of the Association. Any vehicle awaiting
repair or being repaired shall be removed from the subdivision within 48 hours.
G. Sight Distance at Intersections: No fence, wall, hedge Dr shrub planting which
obstructs Bight lines at elevations between three feet (3') and eight feet (8')
above the roadways shall be placed or permitted to remain on any comer Lot
within the triangular area formed by the street property lines and a line
connecting them at points 30 feet from the intersection of the street lines, or in
the case of a rounded property corner, from the intersection of the street
property lines extended. The same sight-line limitations shall apply on any Lot
within ten feet (10') from the intersection ofa street property line with the edge
of a driveway or alley pavement.
H. Leasin!! Restrictions: Any lease (as defined below)between an Owner and his
tenant shall provide that the terms of the lease shall be subject in all reBpects to
the provisions contained in this Declaration, the Association's Articles of
Incorporation and its Bylaws, and that any failure by said tenant to comply with
the terms of such documents shall be a default under such lease. For the
purposes ofthis Declaration, a "Lease" shall mean any agreement for the
leasing or rental of a Dwelling Unit (including a month-to- month rental
agreement); and all such Leases shall be in writing. Other than the foregoing,
there is no restriction on the right of any Owner to lease his Dwelling Unit.
1. Sewer Restrictions: All bathroom, sink and toilet facilities shall be located
inside the Dwelling Unit or other suitable appurtenant building, and shall be
connected by underground pipe to wet line sewer connection lines which have
been provided to each Lot.
J. Fences: Fences, including fences around swimming pools, dog runs or other
uses, may be permitted under such circumstances, if any, as may be prescribed
by and in the sole discretion of the Architectural Control Committee as to
design, materials and location. No such fence shall extend beyond the front
plane of the Dwelling Unit on the Lot.
Declaration of Covenants, Conditions, and Restrictions
Cobblestone Crossing Subdivision
page 12 of 24
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K. Parking Rights: Subject to the provisions of paragraph F. above, any autDmobile
or other vehicle used by any Owner shall be parked in the driveway or garage
which is a part of his Dwelling Unit.
1. Mail Boxes: All mail boxes shall be of consistent design, material and
coloration and shall be located on or adjoining building Lot lines and places
designated by Declarant or the Architectural Control Committee.
ARTICLE NINE: BUILDING RESTRICTIONS
9.1 Building Restrictions: With the exception of Common Area Lots, no buildings shall be
erected, altered, placed or permitted to remain on any Lot other than one (I) detached
single-family dwelling which may not exceed thirty-five feet (35') in height, and a
private garage for two (2) or more motor vehicles. Each dwelling unit may not be
occupied by more than one (1) family. The minimum square footage of living space
(excluding the required attached garage) of each dwelling unit shall be a minimum of
square feet 1,150. This applies to all lots in said subdivision with the exception of
Lots. . . .. .., which shall be permitted to have built upon it a four unit, attached, single
family dwelling.
9.2 Setbacks: No improvements may be constructed or maintained on a Lot within the
minimum building setback lines as set forth in the zoning regulations of the City of
Meridian. Set backs shall be those set backs approved by the local public authority.
9.3 Construction Requirements: Each Dwelling Unit may have wood siding, which may be
stained or painted, a combination of wood, stone, manufactured or synthetic stone,
stucco, masonry or masonite siding with a maximum of eight inch reveal or, if
specifically approved by the Architectural Control Committee in its sole discretiDn,
vinyl siding. Each Dwelling Unit must have exterior brick, stone, manufactured or
synthetic stone or stucco on the front elevation. All roofs shall be comprised of 3D-year
architectural shingles, black in color, with a high profile ridge cap (as may be approved
by the Architectural Control Committee) with a minimum 5/12 pitch.
9.4 The exterior surfaceB of each Dwelling Unit shall have such colors as may be approved
by the Architectural Control Committee. Each Dwelling Unit must have at least two
exterior lights illuminating the. garage door openings and one exterior light for the front
entryway(s), and shall have a yard light or lights as approved by the Architectural
Control Committee. All driveways must be concrete.
9.5 LandBcaping: Prior to occupancy of the Dwelling Unit located thereon, each Lot shall
be fully landscaped in the frDnt yard with an underground sprinkler system, rolled sod,
at least two (2) deciduous trees of at least one and one- half (1-1/2) inches in diameter
or conifer trees at least six feet in height and ten (10) 1 gallon and five (5) 5 gallon
shrubs or bushes. AB used herein, the front yard shall also include that portion of each
Lot to the side(s) of the Dwelling Unit constructed thereon which is between the public
right of way and the rear plane of the Dwelling Umt or a fence which extends from the
side of the Dwelling Unit to the side lot line. In the event adverse weather conditions
prevent installation of the above described landscaping improvements within the time
Declaration of Covenants, Conditions, and Restrictions
Cobblestone Crossing Subdivision page 13 of 24
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periods required, the Owner may seek from the Architectural Control Committee a
reasonable time extension for cDmpletion thereof.
9.6 Job Site Maintenance. Job sites are to be kept as clean as possible during construction.
All debris, dirt, nails, garbage, and/or gravel and other building materials must be
removed from the street and sidewalk daily. Workvehic1es shall not be parked in front
of occupied houses, nor shall they block streets. Power and water must not be used
from existing dwellings WithDut the prior permiBsion of the existing dwelling's Owner.
Maintaining and emptying dumpsters are the responsibility of the Owner and/or his
contractor and shaH be kept orderly at all times and emptied Dn a timely basis. All
contractors and subcontractors shall be prohibited from keeping dogs at the job site.
All contractors and subcontractors shall be prohibited from playing loud music at the
job site which is disruptive to owners. In the event an Owner or his contractor shall fail
or refuse to comply with the job site maintenance requirements of this section, the
Declarant or the Association may take such remedial action as it deems appropriate,
including but not limited to the cleanup of the property, the costs of which may be
added to and become a part of the assessment to which such Owner's lot is subject.
ARTICLE TEN: ARCHITECTURAL CONTROL
10.1 Architectural Control Committee: In order to protect the quality and value of the homes
built on the Properties, and for the continued protection of the Owners thereof, an
Architectural Control Committee is hereby established consisting of three or more
members to be appointed by the Declarant until such time as all Lots have been
transferred by Declarant to another. Thereafter the Board of Directors of the
Homeowners AssociatiDn shall appoint members to the Architectural Control
Committee at each annual meeting of the Board.
10.2 Approvals Reauired: No building, fence, wall, patio cover, window awning or other
structure or landscaping improvements of any type shall be commenced, built,
constructed, placed, or maintained upon any Lot, Common Area or other property, nor
shall any exterior addition, change or alteration of existing improvements be made,
until the plans and specifications showing the nature, kind, shape, configuration,
height, materials, location and such other detail as the Architectural Control Committee
may require, shall have been submitted to and approved in writing by the Architectural
Control Committee as to the h~mony of external design and its location in relation to
surrounding structures and topography and as to confonnity with requirements of this
Declaration. In the event the Architectural Control Committee fails to approve,
disapprove, or specify the deficiency in such plans, specifications and location within
thirty (30) days after submission to the Architectural Control Committee in such form
as they may require, it shall be deemed approved.
10.3 The Architectural Control Committee shall have the right to refuse to approve any
design, plan or color for such improvements, construction or alterations which, in its
opinion, are not suitable or deBirable for any reason, aesthetic or otherwise. In so
passing in such design, the Committee shaH have the privilege in the exercise of its
discretion to take into consideration the suitability of the proposed structure or
alteration, the materials of which it is to be built, and the exterior cDlor scheme in
Declaration of Covenants, Conditions, and Restrictions
Cobblestone Crossing Subdivision
page 14 of 24
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relation to the site upon which it is proposed to be erected. The Architectural Control
CDmmittee may also consider whether the design of the proposed structure or alteratiDn
is in harmony with the surroundings, the effect of the structure or alteration when
viewed from adjacent or neighboring property, and any and all other facts which, in the
Architectural Control Committee's opinion, shall affect the desirability of such
proposed improvement, structure or alteration. Actual construction shall comply
substantially with the plans and specifications approved.
10.4 Submissions: Requests for approval of the Architectural Control Committee shall
consist of such documents and other materials as may be reasonably requested by the
Architectural Control Committee including, without limitation, the follDwing:
A. Site Plan. A site plan showing the location of buildings and all other structures
and improvements, including fences and walls on the LDt, Lot drainage and all
setbacks and other pertinent information related to the improvementB.
B. Building Plan. A building plan which shall consist of preliminary or final
blueprints, elevation drawings of the north, south, east, and west sides, detailed
exterior specifications for each building which shall indicate, by sample, if
required by the Architectural Control Committee, all exterior colors, material
and finishes, including roof, to be used. Garage, accessory and outbuildings to
be located on a Lot shall be architecturally and visually compatible and
harmonious with the principal building on the Lot as to style and exterior colors
and shall not be higher than ten feet above the roofline of the principal building
on the Lot.
C. Landscape Plan. A landscape plan for that portion of the Lot to be landscaped
which shall show the location, type and size of trees, plants, ground cover,
shrubs, berms, and mounding, grading, drainage, sprinkler system, fences, free
standing exterior lights, driveways, parking areas and walk ways,
D. Rules and Regulations: The Architectural Control Committee is hereby
authorized to adopt rules and regulations to govern its procedures and the
requirements for making Bubmissions and obtaining approval as the Committee
deems appropriate and in keeping with the spirit of due process of law. The
Architectural Control Committee is further hereby empDwered to adopt such
rules and regulations as'it shall deem appropriate, consistent with the provisions
of this Declaration, pertaining to matters of design, materials, colors, and
aesthetic interests. Any such rules and regulations may be amended from time to
time, in the sole discretion of the Architectural Control Committee. The failure
of the Architectural Control Committee to adopt any such rules and regulations
shall not fonn the basis for an attack upon the exercise Df Architectural Control
Committee's discretion, it being the intent of this Declaration to provide the
Architectural Control Committee with as broad discretion as is permissible
under the law.
E. The Architectural Control Committee may establish, by its adopted rules, a
reasonable fee schedule for an architectural review fee to be paid by each owner
Declaration of Covenants, Conditions, and Restrictions
CDbblestone Crossing Subdivision
page 15 of 24
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submitting plans and specifications for approvaL The established fee, until
otherwise modified is one hundred and fifty dollars ($150.00), payable to the
individual and/or individuals retained by the Architectural Control Committee to
review plans and specification. No submission for approval will be considered
complete until such fee has been paid.
F. Variances: The Architectural Control Committee may authorize variances from
compliance with any of the architectural provisions of this Declaration,
including restrictions upon height, size, floor area or placement of structures, or
similar restrictions, when circumstances such as topography, natural
obstructions, hardship, aesthetic or environmental consideratiDns may require.
Such varianceB must be evidenced in writing, must be signed by at least two (2)
members of the Architectural Control Committee, and shall become effective
upon recordation in the office of the Ada County Recorder. If such variances are
granted, no violation of the covenants, conditions or restrictions contained in
this Declaration shall be deemed to have occurred with respect to the matter for
which the variance was granted. The granting of such a variance shall not .
operate to waive any of the terms and provisions ofthis Declaration for any
purpose except as to the particular Lot and particular provision hereof 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
Lot, including but not limited to zoning ordinances or requirements imposed by
any governmental or municipal authority.
G. Waiver: The approval of any plans, drawings or specifications for any structure,
improvement, or alteration, or for any matter requiring the approval of the
Architectural Control Committee, shall not be deemed a waiver of any right to
withhold approval of any similar plan, drawing, specifications, or matters
sub sequently submitted for approvaL
H. Liability: Neither the Architectural Control Committee nor any member thereof
shall be liable to the Association, any Owner, or any other party, for any damage
suffered or claimed on account of any act, action or lack thereof, or conduct of
the Architectural Control Committee or any members thereof, so long as the
Architectural Control Committee, or the respective members thereof, acted in
good faith on the basis of information they then possessed.
I. Certification by Secretary: The records of the Secretary of the Association shall
be conclusive evidence as to all matters shown by Buch records and the issuance
of a certificate of completion and compliance by the Secretary or Assistant
Secretary of the Association showing that the planB and specifications for the
improvement or other matters therein provided for have been approved and that
said improvements have been made in accordance therewith, or a certificate. as
to any matters relating to and within the jurisdiction of the Association by the
Secretary thereof, shall be conclusive evidence that shall fully justify and protect
any title company certifying, guaranteeing or insuring title to said property, or
any portion thereof or any lien thereon and/or any interest therein as to any
matters referred to in said certificate, and shall fully protect any purchaser or
encumbrancer from any action or suit under this Declaration.
Declaration of Covenants, Conditions, and Restrictions
Cobblestone Crossing Subdivision page 16 of 24
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J. After the expiration of one (1) year following the issuance of a building permit
therefor by municipal or other governmental authority, any structure, work,
improvement or alteration shall, as to any purchaser or encumbrancer in good
faith and for value and as to any title company which shall have insured the title
thereof, be deemed to be in compliance with all the provisions hereof unless a
notice of noncompliance executed by the Association shall have appeared of
record in the office of the County Recorder of Ada County, State ofIdaho, or
unless legal proceedings shall have been instituted to enforce completion or
compliance.
10.5 Construction and Sales Period Exception: During the course of construction of any
permitted structures or improvements and during the initial sales period, the restrictions
(including sign restrictions) contained in this Declaration or in any Supplemental
Declaration shall be deemed waived to the extent necessary to permit such constructiDn
and the sale of all Dwelling Units; provided that, during the course of such construction
and sales, nothing shall be done which will result in a violation of these restrictions
upon completion of construction and sale. Further, Declarant shall have the right to
Belect and use any individual Dwelling Units owned by it as models for sales purposes.
ARTICLE ELEVEN: INSURANCE AND BOND
11. I Required Insurance: The Association shall obtain and keep in full force and effect at all
times the following insurance coverage provided by companies duly authorized to do
business in Idaho. The provisions of this Article shall not be construed to limit the
power or authority of the Association to obtain and maintain insurance coverage in
addition to any insurance coverage required hereunder in such amounts and in such
forms as the Association may deem appropriate from time to time.
11.2 A multi-peril-type policy covering any Common Area improvements, providing as a
minimum fire and extended coverage and all other coverage in the kinds and amounts
commonly required by private institutional mortgage investors for projects similar in
construction, location and use on a replacement cost basis in an amount not less than
one hundred percent (100%) of the insurable value (based upon replacement cost).
11.3 A comprehensive policy of public liability insurance covering all of the common areas,
commercial spaces and public ways in the properties. Such insurance policy shall
contain a severability ofintere~t endorsement, which shall preclude the insurer from
denying the claim of a Dwelling Unit Owner because of negligent acts of the
Association or other Owners. The scope of coverage must include all other coverage in
the kinds and amounts required by private institutional mortgage investors for projects
similar in construction, location and use. If the properties contain more than one
hundred (100) Units, coverage shall be for at least $1,000,000 per occurrence, for
personal injury and/or property damage.
11.4 Workmen's compensation and employer's liability insurance and all other similar
insurance with respect tD employees of the Association in the amounts and in the forms
now or hereafter required by law.
Declaration of Covenants, Conditions, and Restrictions
Cobblestone Crossing Subdivision
page 17 of 24
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11.5 Optional Insurance: The Association may obtain and keep in full force and effect at all
times the following insurance coverage provided by companies duly authorized to do
business in Idaho.
A. Liability insurance affording coverage for the acts, errors and omissions of its
directors and officers, including members ofthe Architectural Control
Committee and other committees as may be appointed frDm time to time by the
Board of Directors of such association in such amount as may be reasonable in
the premises.
B. The Association may obtain bonds and insurance against such other risks, of a
similar or dissimilar nature, as it shall deem appropriate with respect to the
protection of the properties, including any personal property of the Association
located thereon, its directors, officers, agents, employees and association funds.
11.6 Additional Provisions: The following additional provisions shall apply with respect to
insurance:
A. Insurance secured and maintained by the Association shall not be brought into
contribution with insurance held by the individual Owners or their mortgages.
B. Each policy of insurance Dbtained by the Association shall, if possible, provide:
A waiver of the insurer's subrogation rights with respect to the Association, its
officers, the Owners and their respective servants, agents and guests; that it
cannot be canceled, suspended or invalidated due to the conduct of any agent,
officer or employee of the Association without aprior written demand that the
defect be cured; that any "no other insurance" clause therein shall not apply with
respect to insurance held individually by the Owners.
C. All policies shall be written by a company licensed to write insurance in the
state ofIdaho and all hazard insurance policies shall be written by a hazard
insurance carrier holding financial rating by Best's Insurance Reports of Class
VI or better
D. Notwithstanding anything herein contained to the contrary, insurance coverage
must be in such amounts and meet other requirements of the Federal Home Loan
Mortgage Corporation..
ARTICLE TWEL VB: CONDEMNATION
12.1 Consequences of Condemnation: If at any time or times, all or any part of the CommDn
Area shall be taken or condemned by any public authority or sold or Dtherwise
disposed of in lieu of or in avoidance thereof, the following provisions shall apply...
12.2 Proceeds: All compensation, damages, or other proceeds therefrom, the sum of which
is hereinafter called the "condemnation award," shall be payable to the Association
owing the condemned Common Area.
Declaration of Covenants, Conditions, and Restrictions
CDbblestone Crossing Subdivision
page 18 of 24
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12.3 Apportionment: The condemnation award shall be apportioned among the Owners
having an interest in the condemned Common Area equally on a per-Lot basis. The
Association shall, as soon as practicable, determine the share of the condemnation
award to which each Owner is entitled. Such shares shall be paid into the Association's
account, and shall be credited against any amounts due and owing by the Owner to the
AssDciation. In the event that no amounts for dues or association fees are due from the
owner, then the amount shall be applied against any future assessments charged and/or
made by the association to each owner. The amounts received shall remain the
property of the AssociatiDn, and shall only be used to offset any assessments, on a pro-
rata basis by the owners in the subdivision.
ARTICLE THIRTEEN: MORTGAGEE PROTECTION
Notwithstanding anything to the contrary contained in this Declaration or in the Articles or
Bylaws of the Association:
13.1 The Association shall maintain an adequate reserve fund for the performance of
its obligations, including the maintenance, repairs and replacement of thDse
common elements and improvements thereon, and such reserve shall be funded by
at least quarterly assessments.
13.2 The holders of First Mortgages shall have the right to examine the books and
records of any Association and to require annual reports or other appropriate
financial data.
13.3 Any management agreement for the Properties or Common Area, or any other
contract providing for services of the developer, sponsor Dr builder, shall be
terminable (i) by the contracting Association for cause upon thirty (30) days'
written notice thereof, and (ii) by either party without cause and without payment
of a termination fee on ninety (90) days' or less written notice thereof, and the term
of any such agreement shall not exceed' one (1) year. .
13.4 Any lien which the Association may have on any Dwelling Unit for the payment
of assessments attributable to such Unit will be subordinate to the lien or equivalent
security interest of any Mortgage on the Unit recorded prior to the date notice of
such assessment lien is duly recorded.
13.5 Unless all institutional holders of First Mortgages have given their prior written
approval, no Association shall:
A By act or omission seek to abandon, partition, subdivide, encumber, sell or
transfer the Common Area property owned, directly or indirectly, by such
Association for the benefit of the Owners. (The granting of easements for
public utilities and/or for other public purposes consistent with the intended
use of such Common Area property shall not be deemed a transfer within the
meaning of this clause.
Declaration of Covenants, Conditions, and Restrictions
Cobblestone Crossing Subdivision
page 19 of 24
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B. Change the method of determining the obligations, assessments, dues or
other charges which may be levied against an Owner.
C. By act or omission change, waive or abandon any scheme of regulations, or
enforcement thereof, pertaining to the architectural design or the exterior
appearance ofDwelIing Units, the maintenance of the Common Area
property, party walls, or common fences and driveways, or the upkeep of
lawns and plantings in the subdivision.
D. Fail to maintain fire and extended coverage on insurable Common Area
property on a current replacement cost basis in an amount not less than one
hundred percent (100%) of the insurable value (based on current
replacement cost).
E. Use hazard insurance proceeds for 10sseB to any Common Area property for
other than the repair, replacement or reconstruction of such Common Area
property .
F. Amend materiaIly this Declaration, the Association's Articles of
Incorporation, or its Bylaws.
ARTICLE FOURTEEN: ANNEXATION
14. I Time for Annexation: Land Subject to Annexation: Declarant hereby reserves
the right to annex any other real property into the project by recording a Notice
of Annexation or Supplemental Declaration particularly describing the real
property to be annexed and added to the project created by this Declaration,
pursuant to the provisions of this Article.
14.2 Upon the recording of a Notice of Annexation containing the provisions set
forth in this Section (which Notice may be contained within a Supplemental
Declaration affecting such property), except as may be provided for therein, the
covenants,. conditions and restrictions contained in this Declaration shaIl apply
to the added land in the same manner as ifit were originally covered by this
Declaration and originally constituted a portion of the project; and thereafter, the
rights, privileges, duties and liabilities of the parties to this Declaration with
respect to the added lanp shaIl be the same as with respect to the original land,
and the rights, privileges, duties and liabilities of the Owners, lessees and
occupants of Lots and Units within the added land shaIl be the same as in the
case of the original land. Notwithstanding the foregoing, any Supplemental
Declaration may provide a special procedure for amendment of any specified
provision thereof, e.g., by a specified vote of only the owners ofDwelIing Units
within the area subject thereto. Any provision ofa Supplemental Declaration for .
which no special amendment procedure is provided shall be subject to
amendment in the manner provided in this Declaration.
Declaration of Covenants, Conditions, and Restrictions
Cobblestone Crossing Subdivision
page 20 of 24
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14.3 Procedure for Annexation: Any of the above-described real property may be
annexed into the project by the recordation of a Notice Df Annexation executed
by Declarant and containing the following information:
A. A reference to this Declaration, which reference shall state the date of
recordation hereof and the Recorder's instrument number or the bODk and
page of the official records of Ada County where this Declaration is
recorded;
B. An exact legal description of the added land;
C. A Btatement that the provisions of this Declaration Bhall apply to the
added land, except as set forth therein; and
D. A statement of the use restrictions applicable to the annexed property,
which reBtrictions may be the same or different from those set forth in
this Declaration.
ARTICLE FIFTEEN: GENERAL PROVISIONS
15.1 Enforcement: The Homeowners Association or any Owner or the owner of any
recorded mortgage upon any part of said property, Bhall have the right to
enforce, by any proceedings at law or in equity, all restrictions, conditiDns,
covenants, reservatiDns, liens and charges now or hereafter imposed by the
provisions of this Declaration. Failure by the AssDciation, or by any Owner to
enforce any covenant or restriction herein contained shall in no event be
deemed a waiver of the right to do so at any time thereafter.
15.2 In the event the Association or an Owner is required to initiate any action to
enforce the provisions of this Declaration, it shall be entitled to recover from
the Owner againBt whom enforcement is sought, all attorney fees and costs
incurred as a consequence thereo~ whether or not any lawsuit is actually filed,
and any such attorney fees and costs so incurred by the Association shall be
added to and become a part of the assessment to which such Owner's Lot is
subject.
15.3 Severability: Invalidati9n of anyone of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall
remain in full force and effect.
15.4 Amendment: The covenants and restrictions of this Declaration shall run with
the land and shall inure to the benefit of and be enforceable by the Association
or the legal Owner of any Lot subject to this Declaration, their respective legal
representatives, heirs, successors and assigns, for a term Dftwenty-five (25)
years from the date this Declaration is recorded, after which time said covenants
shall be automatically extended for succeBsive periods often (10) years. Except
as otherwise provided herein, any of the covenants and restrictions of this
Declaration, except the easements herein granted, may be amended by an
instrument signed by members entitled to cast not less than sixty-six and tWD-
Declaration of Covenants, Conditions, and Restrictions
Cobblestone Crossing Subdivision page 21. of 24
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thirds percent (66-2/3%) of the votes of membership. Any amendment must be
recorded.
15.5 Assignment by Declarant: Any or all rights, powers and reservations of
Declarant herein contained may be assigned to the Association or to any other
corporation or aBsociation which is now organized or which may hereafter be
organized and which will assume the duties of Declarant hereunder pertaining
to the particular rights, powers and reservations assigned, and upon any such
corporation or association evidencing its intent in writing to accept such
assignment, have the same rights and powers and be subject to the same
obligations and duties as are given to and assumed by Declarant herein.
15.6 All rights of Declarant hereunder reserved and/or created shall be held and
exercised by Declarant alone, so long as it owns any interest in any portion of
said property.
IN WITNESS WHEREOF, Declarant has caused its corpDrate name to be hereunto subscribed
and its corporate seal affixed this _ day of August, 2002.
DECLARANT: CMD, Inc.
STATE OF IDAHO )
ss
County of ADA )
On this day of July, 2002, before me, the undersigned Notary Public in and for said
State, personally appeared Doug Campbell, known or identified to me to be the chief operating officer
ofCMD, Inc., an Idaho Corporation that executed the within instrument, or the person who executed
the instrument in behalf of said Corporation, and acknowledged to me that such Corporation adopts
and 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 the State ofIdaho
Residing at:
My Commission Expires:
Declaration of Covenants, Conditions, and Restrictions
Cobblestone Crossing Subdivision
page 22 of 24
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thirds percent (66-2/3%) of the votes of membership. Any amendment must be
recorded.
15.5 Assi~nment by Declarant: Any or all rights, powers and reservations of
Declarant herein contained may be assigned to the Association or to any other
corporation or association which is now organized or which may hereafter be
organized and which will assume the duties of Declarant hereunder pertaining
to the particular rights, powers and reservations assigned, and upon any such
corporation or association evidencing its intent in writing to accept such
assignment, have the same rights and powers and be subject to the same
obligations and duties as are given to and assumed by. Declarant herein.
15.6 All rights of Declarant hereunder reserved and/or created shall be held and
exercised by Declarant alone, so long as it owns any interest in any portion of
said property.
IN WITNESS WHEREOF, Declarant has caused its corporate name to be hereunto subscribed
and its corporate seal affixed this _ day of August, 2002.
DECLARANT: CMD, Inc.
STATE OF IDAHO )
ss
County of ADA )
On this day of August, 2002, befDre me, the undersigned Notary Public in and for said
State, personally appeared Doug Campbell, known or identified to me to be the chief operating officer
of CMD, Inc., an Idaho Corporation that executed the within instrument, or the person who executed
the instrument in behalf of said Corporation,. and acknowledged to me that such Corporation adopts
and 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 the State ofIdaho
Residing at:
My Commission Expires:
Declaration of Covenants, Conditions, and Restrictions
Cobblestone Crossing Subdivision
page 22 of 24
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Exhibit A: Legal Description OfPro~
Declaration of Covenants, Conditions, and Restrictions
Cobblestone Crossing Subdivision
page 23 of 24
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ANNEXA nON REZONE
PRELIMINARY PLAT
CONDITIONAL USE
rOSTING AFFIDA VIll
I, DOUGLAS T. CAMPBELL OF CMD, INC. DO HEREBY CERTIFY THA CMD, INC. IS THE APPUCATE OF
THE LAND DESCRIBED AS " COOBLEFIELD CROSSING "SUBDIVISION IN A APPLICATION FOR ABOVE
USES BEING SUBMITTED TO THE CITY OF MERIDIAN FOR CONSIDERATION.
I FURTHER STATE THAT I HEREBY OFFICIALL YREQUEST ANNEXATION, REZONE, PRELIMINARY
PLAT AND CONDmONAL USE PERMIT OF SAID PROPERTY BY THE CITY OF MERIDIAN, IDAHO
IN ADDmON, I HEREBY STATE AND CERTIFY THAT THE SUBJECT PROPERTY WILL BE POSTED
ONE WEEK BEFORE THE PUBLIC HEARING STATING THAT mE ABOVE.MENTIONED APPLICATIONS
WITH THE CITY OF MERIDIAN HAVE BEEN MADE.
I ~I
BY: o~~.~..
DOUGLAS~
DATED THIS
DAY OF
/JI,,(, liS r-
,2002
STATE OF IDAHO)
COUNTY OF ADA) SS.
ONTHIS~DAYOF lAIro..d.l~. , 2!:QZ,BEFORE ME A NOTARY PUBLIC IN AND
FOR SAID STATE, PERSONAL~ OOUGLAS T CAMPBELL, KNOWN TOME TO BE THE
PERSON WHOSE NAME IS SUBSCRlBBED TO THE WITHIN INSTRUMENT, AAND ACKNOELEDGED
TO ME THAT HE EXECUTED THE SAME.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET IN MY HAND AND AFFIXED MY OFFICIAL SEAL
THE DAY AND YEAR FIRST ABOVE WRTITEN.
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