HomeMy WebLinkAboutDakota Ridge Sub 39 "19 TkV]A
SUSAN S. EASTLAKE, President
GARY E. RICHARDSON, Vice President
SHERRY R. HUBER, Secretary
September 26, 1997
TO: Max A Boesiger Inc
2447 S Vista
Boise ID 83705
FROM: Karen Gallagher, Coordinator
Planning & Development Services Division
SUBJECT: Preliminary Plat -Dakota Ridge/`MPP-02-97
Ustick Road w/o Ten Mile Road
On September 24, 1997, the Commissioners of the Ada County Highway District (hereafter
called "District") took action on the Preliminary Plat as stated on the attached staff report.
In order that the Final Plat may be considered by the District for acceptance, the Developer shall
cause the following applicable standard conditions to be satisfied prior to District certification
and endorsement:
Drainage plans shall be submitted and subject to review and approval by the
District.
2. If public street improvements are required: Prior to any construction within the
existing or proposed public right-of-way, the following shall be submitted and
subject to review and approval by the District:
a. Three complete sets of detailed street construction drawings prepared by
an Idaho Registered Professional Engineer, together with payment of plan
review fee.
b. Execute and Inspection Agreement between the Developer and the District
together with initial payment deposit for inspection and/or testing services.
C. Complete all street improvements to the satisfaction of the District, or
execute Surety Agreement between the Developer and the District to
guarantee the completion of construction of all street improvements.
ada county highway district
318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680
September 26, 1997
Page 2
3. Furnish copy of Final Plat showing street names as approved by the Local
Government Agency having such authority together with payment of fee charged
for the manufacturing and installation of all street signs, as required.
4. If Public Rights -of -Way Trust Find deposit is required, make deposit to the
District in the form of cash or cashier's check for the amount specified by the
District.
5. Furnish easements, agreements, and all other datum or documents as required by
the District.
6. Furnish Final Plat drawings for District acceptance, certifications, and
endorsement. The final plat must contain the signed endorsement. The final plat
must contain the signed endorsement of the Owner's and Land Surveyor's
certification.
7. Approval of the plat is valid for one year. An extension of one year will be
considered by the Commission if requested within 15 -days prior to the expiration
date.
Please contact me at 345-7680, should you have any questions.
WN
cc: Plan & Dev Svcs/Chron
John Edney
Chuck Rinaldi
City of Meridian
Stan Mc.Hutchison, Briggs Eng
ADA COUNTY HIGHWAY DISTRICT
Planning and Development Division
Development Application Report
Preliminary Plat - Dakota Ridge Ustick Road, w/o Ten Mile Road
Dakota Ridge is a 90 -lot residential subdivision on 29.6 -acres. The site is located on the south
side of Ustick Road, approximately '/z mile west of Ten Mile Road. This development is
estimated to generate 890 additional vehicle trips per day based on the Institute of
Transportation Engineers Trip Generation manual.
Roads impacted by this development: Ustick Road
ACHD Commission Date - September 24, 1997 - 7:00 p.m.
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Facts and Findings:
A. General Information
Owner - Leonard A. & Fred N. Aschenbrenner
Applicant - Max A Boesiger, Inc.
R-4 - Existing zoning
29.6 - Acres
90 - Proposed building lots
5,400 - Total lineal feet of proposed public streets
260 - Traffic Analysis Zone (TAZ)
West Ada - Impact Fee Benefit Zone
Western Cities - Impact Fee Assessment District
Ustick Road
Minor arterial with bike lane designation
Traffic count 2,506 on 9/25/96
1,320 -feet of frontage
50 -feet existing right-of-way (25 -feet from centerline)
96 -feet required right-of-way (48 -feet from centerline)
Ustick Road is improved with 2 -lanes with no curb, gutter or sidewalk. Sidewalk has been
constructed abutting the site's eastern boundary.
Ten Mile Road
Minor arterial with bike route designation
Traffic count 4,029 on 4/23/96
0 -feet of frontage
Ten Mile Road is improved with 24 -feet of pavement with no curb, gutter or sidewalk.
B. A preliminary plat for Dakota Ridge Subdivision was approved by ACHD's Commission on
April 6, 1994, as a 135 -lot subdivision. A new applicant is submitting a revised plat for
review by the District. The major difference is the southwest portion of the site has been
designated for a school site.
C. Utility street cuts in new pavement less than five years old are not allowed unless approved
in writing by the District. Contact Construction Services at 345-7667 (with file numbers) for
details.
D. The applicant is proposing to construct their main project entrance, Praire Way,
approximately 110 -feet west of the east property line over the location of an existing sewer
line. However, an existing road, Valam Avenue, is located approximately 100 -feet east of
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Page 2
the east property` line (210 -feet between the two roads). District policy requires 230 -feet of
separation between roads/driveways on this section of Ustick Road. The proposed location
of Prairie Way does not meet District policy.
There is an existing sewer line on south side of Ustick Road located approximately 100 -feet
west of the east property line. The sewer line runs south from Ustick Road and also services
the parcel to the south of the proposed subdivision. The City of Meridian prohibits
residential construction over the existing sewer line. Prairie Way should therefore be located
above the existing sewer line. The applicant does not have another location for Prairie Way
due to the existing sewer line. Staff recommends a variance for Prairie Way to be located
approximately 210 -feet west of Valam Avenue, because there are no competing high volume
driveways on the north side of Ustick Road and once there are more driveways and the
school is constructed, staff anticipates that the speed will be lowered on Ustick Road. Thus,
the separation requirement would also be reduced.
E. District staff recommends that the applicant be required to construct Praire Way off Ustick
Road with two 21 -foot street sections with curb, gutter and 5 -foot wide sidewalk separated by
a center median and located approximately 120 -feet west of the east property line. The
median should be constructed a minimum of 4 -feet wide to total a minimum 100 -square foot
area and dedicate 54 -feet of right-of-way plus the additional width of the median. The
median should be located out of the right-of-way of Ustick Road.
F. The applicant should be required to construct all the internal roads as 37 -foot street sections
with curb gutter and 5 -foot sidewalks within 50 -feet of right-of-way.
G. The applicant is proposing to construct Cedar Creek Avenue to connect to Ustick Road and
stubbed to the school site to the south, located adjacent to the west property line. This
location meets District policy. The applicant is proposing to construct Cedar Creek Avenue
as a 37 -foot street section with curb, gutter and 5 -foot wide concrete sidewalk on both sides
within 50 -feet of right-of-way. District staff supports the design of the proposed Cedar
Creek. The applicant should be required to construct curb returns on the west side of Cedar
Creek Avenue for the future extension of Niemann Drive. Coordinate the design with
District staff.
H. The applicant is proposing to stub Chervil Drive to the east boundary of the site. District
staff recommends that the applicant be required to locate the stub street a minimum of 87 -feet
south of the developed subdivision to the east (Englewood Creek No. 1). This will allow
Chervil Drive and Valam Avenue to intersect in accordance with District policy and better
serve that parcel to the east. The applicant should provide a paved temporary turnaround at
the end of the stub abutting the east property line with a temporary easement if the distance is
greater than 150 -feet or greater than one -lot deep. Coordinate the turnaround with District
Staff.
The applicant is proposing to stub Custer Street to the south boundary (through the school
site) of the site. District Staff supports the location of the stub street. This stub will connect
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with an approved stub street in the Lake at Cherry Lane Subdivision No. 4. The stub
connection is outside of the plat. District staff recommends that the stub be dedicated and
constructed with curb, gutter and sidewalk on both sides, with this plat and the applicant
agrees. The applicant should provide a paved temporary turnaround at the end of the stub
abutting the southeast property line with a temporary easement. Coordinate the turnaround
with District Staff.
District policy requires the applicant to construct 5 -foot wide concrete sidewalk on Ustick
Road abutting the parcel (approximately 1,320 -feet) prior to issuance of any required permits
or District approval of a final plat, whichever occurs first. Locate the sidewalk two feet
within the new right-of-way of Ustick Road.
K. Lots 4 and 5, Block 6, do not have frontage on a public street. The applicant should provide
a recorded cross access easement for Lots 4 and 5, Block 7, to use Lot 6, Block 6 to access
Custer Street.
L. There is an existing dwelling on Lot 9, Block 1, that has direct lot access to Ustick Road.
Other than one 20 -foot wide maximum driveway for Lot 9, Block 1, direct lot or parcel
access to Ustick Road should be prohibited.
M. As required by District policy, restrictions on the width, number and locations of driveways,
may be placed on future development of this parcel.
N. The existing transportation system will be adequate to accommodate the additional traffic
generated by this proposed development with the requirements outlined within this report.
The following requirements are provided as conditions for approval:
Site Specific Requirements:
Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by
means of recordation of a final subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required permits), whichever occurs first. The owner
will be compensated for this additional right-of-way from available impact fee revenues in
this benefit zone. If the owner wishes to be paid for the additional right-of-way, the owner
must submit a letter of application to the impact fee administrator prior to breaking ground,
in accordance with Section 15 of ACHD Ordinance #188.
2. Construct the main project entrance (Prairie Way) at Ustick Road with two 21 -foot street
sections with curb, gutter and 5 -foot wide sidewalk separated by a center median and located
approximately 110 -feet west of the east property line (approximately 210 -feet west of Valam
Avenue). The median shall be constructed a minimum of 4 -feet wide to total a minimum
100 -square foot area and dedicate 54 -feet of right-of-way (minimum) plus the additional
width of the median. Locate the median out of the right-of-way of Ustick Road.
DAKOTA.COM
Page 4
3. Unless otherwise stated, construct all the internal roads within the subdivision as 37 -foot
street sections with curb, gutter and 5 -foot sidewalks within 50 -feet of right-of-way.
4. Construct Cedar Creek Avenue as a 37 -foot street with curb, gutter and 5 -foot wide concrete
sidewalk within 50 -feet of right-of-way and located as proposed adjacent to the west property
line. Construct curb returns on the west side of Cedar Creek Avenue for the extension of
Niemann Drive. Coordinate the location of the curb returns with District staff.
5. Stub Chervil Drive to the east boundary of the site and provide a paved temporary
turnaround at the end of the stub with a temporary easement (if the distance is greater than
150 -feet or greater than 1 -lot deep or if development/construction of the parcel to the east has
not commenced). Locate the stub street 87 -feet south of the south developed subdivision to
the east (Englewood Creek No. 1). Coordinate the turnaround with District Staff.
6. Stub Custer Street to the south, through the school site. Dedicate 50 -feet of right-of-way for
the entire stub street. Construct the stub street to a 37 -foot street section with curb, gutter
and sidewalk on both sides, with this plat. Provide a paved temporary turnaround at the
south end of the stub with a temporary easement prior to a final plat of the phase abutting
Custer Street. Coordinate the design of the turnaround with District Staff.
7. Construct 5 -foot wide concrete sidewalk on Ustick Road abutting the parcel (approximately
1,320 -feet) prior to issuance of any required permits or District approval of a final plat,
whichever occurs first. Locate the sidewalk two feet within the new right-of-way of Ustick
Road.
8. Provide a recorded cross access easement for Lots 4 and 5, Block 6, to use Lot 6, Block 6,
to access Custer Street.
9. The existing driveway on Lot 9, Block 1, of the proposed subdivision is approved with this
application. Pave the driveway 16 to 20 -feet wide with 15 -foot radii pavement tapers to at
least 20 -feet beyond the edge of pavement of Ustick Road.
10. Other than one 20 -foot wide (maximum) driveway for Lot 9, Block 1, direct lot or parcel
access to Ustick Road is prohibited. Lot access restrictions, as required with this
application, shall be stated on the final plat.
Standard Requirements:
A request for modification, variance or waiver of any requirement or policy outlined herein
shall be made in writing to the ACHD Development Services Supervisor. The request shall
specifically identify each requirement to be reconsidered and include a written explanation of
why such a requirement would result in a substantial hardship or inequity. The written
request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for
DAKOTA.COM
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ACHD Commission action. Those items shall be rescheduled for discussion with the
Commission on the next available meeting agenda.
Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission
action do not provide sufficient time for District staff to remove the item from the consent
agenda and report to the Commission regarding the requested modification, variance or
waiver. Those items will be acted on by the Commission unless removed from the agenda
by the Commission.
2. After ACHD Commission action, any request for reconsideration of the Commission's action
shall be made in writing to the Development Services Supervisor within two days of the
action and shall include a minimum fee of $110.00. The request for reconsideration shall
specifically identify each requirement to be reconsidered and include written documentation
of data that was not available to the Commission at the time of its original decision. The
request for reconsideration will be heard by the District Commission at the next regular
meeting of the Commission. If the Commission agrees to reconsider the action, the applicant
will be notified of the date and time of the Commission meeting at which the reconsideration
will be heard.
3. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #188, also known as Ada County Highway District Road Impact
Fee Ordinance.
4. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein.
5. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
6. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon the
applicant to obtain written confirmation of any change from the Ada County Highway
District.
8. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use of
the subject property unless a waiver/variance of said requirements or other legal relief is
granted pursuant to the law in effect at the time the change in use is sought.
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Conclusion of Law:
ACRD requirements are intended to assure that the proposed use/development will not place
an undue burden on the existing vehicular and pedestrian transportation system within the
vicinity impacted by the proposed development.
Should you have any questions or comments, please contact the Development Services
Division at 345-7662.
Submitted by:
Development Services Staff
Date of Commission Action:
September 24,1997
DAKOTA.COM
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SUBDIVISION EVALUATION SHEET
Proposed Development Name DAKOTA RIDGE City Meridian
Date Reviewed 11/06/97 Preliminary Stage Final XXX
Engineer/Developer Briggs Engr. / Max Boesiger
The Street name comments listed below are made by the members of the ADA COUNTY
STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this
development in accordance with the Boise City Street Name Ordinance.
The following existing street names shall appear on the plat.
"W. USTICK ROAD"
"W. NIEMANN DR."
"W. BISMARK DR." is approved and shall appear on the plat.
"N CEDAR CREEK AVE." is a duplication and cannot be used. It is aligned with
"N. NAOMI LN." to the north and shall be named "N. NAOMI AVE." as noted 05/29/97.
"N. PRAIRIE WAY" is a duplication and cannot be used. It is aligned with "N. TURNBERRY
WAY" and shall carry the name "N. TURNBERRY WAY".
"N LAKOTA AVE." is similar to the existing "DAKOTA" and may not be used. Please
.choose a new name.
The above street name comments have been read and approved by the following agency
representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures
must be secured by the representative or his designee in order for the street names to be
officially approved.
ADA COUNTY STREET NAME COMMITTEEAGEIVCYzf�PRESENTATIVES OR DESIGNEES
Ada County Engineer John Priester 1,� Date //" /" "?>
Ada Planning Assoc. Ann Hurley AC`�M , Date 11 -S-94—
City
S-ci4--
City of Meridian Representative L"�v Date I1� /`e—VII
Fire District Meridian Representative Mli_R ��6ate / ! " �- q 7
NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the
time of signing the "final plat", otherwise the plat will not be signed M!
Sub Index Street Index 3N 1W 3 Section
NUMBERING OF LOTS AND BLOCKS �� ���! ✓ / 9
TR\SUBS\S M_C ITY. FRM
SUBDIVISION EVALUATION SHEET
Proposed Development Name DAKOTA RIDGE City Meridian
Date Reviewed 10/16/97 Preliminary Stage Final XXX
Engineer/Developer Briggs Engr. / Max Boesiger
The Street name comments listed below are made by the members of the ADA COUNTY
STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this
development in accordance with the Boise City Street Name Ordinance.
The following existing street names shall appear on the plat.
"W. USTICK ROAD"
"W. NIEMANN DR."
."W. BISMARK DR." is approved and shall appear on the plat.
"N. CEDAR CREEK AVE." is a duplication and cannot be used. It is aligned with
"N. NAOMI LN." to the north and shall be named "N. NAOMI AVE." as noted 05/29/97.
"N. PRAIRIE WAY" is a duplication and cannot be used. It is aligned with "N. TURNBERRY
f2l�l �2,OlrytC�' �e 5�/i'�5��►�D
.sir n ter. --_r "pI nreir A%ir "
-"'0 R i
The above street name comments have been read and approved by the following agency
representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures
must be secured by the representative or his designee in order for the street names to be
officially approved.
ADA COUNTY STREET NAME COMMITTEE, XGENCY REP,RE,SENTATIVES OR DESIGNEES
Ada County Engineer John Priester („6e 4&G�� Date /0- 6(' ?7'
Ada Planning Assoc. Ann HurleyDate -
City of Meridian Representative % Date 10-1b-97
Fire District Meridian Representative Date /0-o- 97
NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the
time of signing the "final plat", otherwise the plat will not be signed !!!!
Sub Index Street Index 3N 1W 3 Section
NUMBERING OF LOTS AND BLOCK
TR\SUBS\SM_CITY.FRM
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
M
DAKOTA RIDGE SUBDIVISION NO. 1
THIS DECLARATION is made on the date hereinafter set forth by Steiner
Development, LLC, hereafter referred to as "Declarant".
WITNESSETH
WHEREAS, Declarant is the owner of certain real property in Ada County,
State of Idaho, hereinafter referred to as "the Properties," more particularly described
as follows:
DAKOTA RIDGE SUBDIVISION NO. 1, according to the
official plat thereof, recorded in Book _ of Plats at Pages
_ and as Instrument No. ,
recorded on the day of. 19 ,
records of Ada County, Idaho; and
WHEREAS, Declarant desires to subject the above described Properties to
certain protective covenants, conditions, restrictions, reservations, easements, liens,
and charges for the benefit of the Properties and their present and subsequent
Owners as hereinafter specified, and will convey the Properties subject thereto;
NOW, THEREFORE, Declarant hereby declares that all of the Properties above
described shall be held, sold and conveyed upon and subject to the easements,
conditions, covenants, restrictions and reservations hereinafter set forth, all of which
are for the purpose of enhancing and protecting the value, desirability and
attractiveness of, and which shall run with the Properties and be binding on all parties
now or hereafter having any right, title or interest therein or to any part hereof, and
shall inure to the benefit of each owner thereof.
ARTICLE I: DEFINITIONS
The following terms shall have the following meanings:
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS, Page 1
Section 1. "ASSOCIATION" shall mean and refer to Dakota Ridge
Homeowners Association, Inc. a non-profit corporation organized under the laws of
the State of Idaho, its successors and assigns.
Section 2. "PROPERTIES" shall mean and refer to that certain real property
hereinabove described.
Section 3. "COMMON AREA" shall mean all real property and improvements
thereon (including private streets, drives, parking areas and recreational facilities)
owned by the Association for the common use and enjoyment of the Owners. The
Common Areas to be owned by the Association at the time of the conveyance of the
first Lot is described as follows:
Lots 1 and 16, Block 1, Lots 1 and 9, Block 3, Lot 1, Block
4 and Lot 1, Block 5, Dakota Ridge Subdivision No. 1,
according to the official plat thereof.
Section 4. "LOT" or "LOTS" shall mean and refer to any plot of land shown
upon any recorded subdivision map of the Properties, with the exception of the
Common Areas.
Section 5. "OWNER" shall mean and refer to the record owner, whether one
or more persons or entitles, of the fee simple title to any Lot which is part of the
Properties, including contract sellers, but excluding those having such interest merely
as security for the performance of an obligation.
Section 6. "DECLARANT" shall mean and refer to Steiner Development,
LLC, its successors, and subject to the provisions of Article XIV, Section 4, below,
its assigns.
Section 7. "DECLARATION" shall mean and refer to the Declaration of
Covenants, Conditions and Restrictions applicable to the Properties recorded in the
office of the County Recorder of Ada County, State of Idaho.
Section 8. "DWELLING UNIT" shall mean that portion or part of any
structure intended to be occupied by one family as a dwelling unit, together with the
vehicular parking garage next thereto, and all projections therefrom.
Section 9. "MORTGAGE" shall mean any mortgage, deed of trust or other
security instrument by which a Dwelling Unit or any part thereof is encumbered.
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS, Page 2
Section 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, as mortgage is defined in Section 9.
Section 11. "FIRST MORTGAGEE" shall mean any Mortgagee, as defined in
Section 10, possessing a lien on any Dwelling Unit first and prior to any other
Mortgage, as that term is defined in Section 8.
Section 12. "INSTITUTIONAL HOLDER" shall mean a Mortgagee which is a
bank or savings and loan association or established mortgage company, or other
entity chartered under federal or state laws, any corporation or insurance company,
or any federal or state agency.
Section 13. "PLAT" shall mean a final subdivision plat covering any real
property in Dakota Ridge Subdivision as recorded in the office of the county recorder,
Ada County, Idaho, as the same may be amended by duly recorded amendments
thereto.
ARTICLE II: PROPERTY RIGHTS
Section 1 . Enjoyment of Common Area: Each Owner shall have a right
and easement of enjoyment in and to the Common Area, and such easement shall be
appurtenant to and shall pass with the title to every Lot, subject, however, to the
following provisions:
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 right to
use of the recreational facilities 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 infraction of its published rules
and regulations.
C. The right of the Association to limit the number of members permitted
to use the Common Area.
D. The right of the Association to charge reasonable admission fees for the
use of any recreational facility situated upon the Common Area or
otherwise controlled by the Association, including, particularly, the right
to charge a special use fee for members who desire exclusive short-term
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS, Page 3
use of such facility and who are willing to pay a special fee or
assessment for such use.
E. The rights of the Association, in accordance with its Articles and
Bylaws, to borrow money for the purpose of improving the Common
Area and facilities; and, in aid thereof, to place a mortgage or trust deed
thereon, which shall be a first and prior lien thereagainst; provided that
the Common Area may not be mortgaged or conveyed without the
consent of at least 66-2/3% of the Owners (excluding Declarant), and
that any conveyance or mortgage of Common Area shall be subject to
and subordinate to rights of ingress and egress of an Owner to his/her
Lot.
F. The right of the Association to dedicate or transfer all or any part of the
Common Area to any public agency, authority or utility for such
purposes and subject to such conditions as may be agreed to by the
members; provided, however, that except as to the Association's right
to grant easements for utilities and similar or related purposes, no part
of the Common Area and facilities may be alienated, released,
transferred, hypothecated or otherwise encumbered without the written
approval of all First Mortgagees and two-thirds (2/3) of the votes of
each class of members who are voting in person or by proxy at a
meeting duly held for this purpose.
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 being limited thereto, 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.
Section 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 of his family, his
tenants or contract purchasers, provided they reside on the property at the time of
use.
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS, Page 4
ARTICLE III: HOMEOWNERS ASSOCIATION
Section 1. Membership: Every Owner of a Lot which is subject to
assessment shall be a member of the Association. The foregoing is not intended to
include persons or entities who hold an interest merely as security for the payment of
an obligation. Membership shall be appurtenant to and may not be separated from
ownership of any Lot which is subject to assessment. Such ownership shall be the
sole qualification for membership and shall automatically commence upon a person
becoming such Owner and shall automatically terminate and lapse when such
ownership in said property shall terminate or be transferred. Absolute liability is not
imposed on Owners/members for damage to Common Areas or Lots in the
subdivision.
Section 2. Voting Rights: The Association shall have two classes of voting
membership:
Class A: Class A members shall be all Owners, with the exception of
Declarant, and shall be entitled to one vote for each Lot owned. When more than
one person holds an interest in any Lot, all such persons shall be members. The vote
for such Lot shall be exercised as they determine, but in no event shall more than one
vote be cast with respect to any Lot. Fractional votes shall not be allowed. The vote
applicable to any said Lot being sold under contract of purchase shall be exercised by
the contract seller, unless the contract expressly provides otherwise.
Class B: Class B member(s) shall be 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:
A. When the total votes outstanding in the Class A membership equal the
total votes outstanding in the Class B membership; or
B. On December 31, 2008.
Section 3. Assessments:
A. Creation of Lien and Personal Obligation of Assessments: Each Owner
of any Lot, by acceptance of a deed therefor (whether or not it shall be
so expressed in such deed), is deemed to covenant and agree to pay to
the Association:
Regular annual or other regular periodic assessments or charges;
and
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AND RESTRICTIONS, Page 5
2. Special assessments for capital improvements, such assessments
to be fixed, established and collected from time to time as
hereinafter provided.
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 assessments 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 expenses incurred in the
operation of the affairs of the Association, for the expenses incurred by
the Association in connection with any of its obligations contained in
this Declaration or in the Bylaws of the Association, and for any other
purpose reasonably authorized by the Directors of the Association.
C. Maximum Annual Assessment: Until January 1 of the year immediately
following the conveyance of the first Lot to an Owner, the maximum
annual assessment shall be $
1. From and after January 1 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.
2. From and after January 1 of the 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.
3. The Board of Directors of the Association may fix the annual
assessment at an amount not in excess of the maximum; and
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AND RESTRICTIONS, Page 6
said assessments shall be payable to the Association in regular
monthly or quarterly installments as may be determined by the
Board of Directors.
D. Initiation Assessment: Upon the initial conveyance of each lot, the
purchaser thereof shall pay an initiation assessment in the amount of
E. Special Assessments for Capital Improvements: In addition to the
regular assessments authorized above, the Association may levy, in any
assessment year, a special assessment applicable to that year only for
the purpose of defraying, in whole or in part, the cost of any
construction, reconstruction, repair or replacement of a capital
improvement upon the Common Area, including fixtures and personal
property related thereto, provided 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 Quorum for Any 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%) 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 subject
to the same notice requirement, and the required quorum at the
subsequent meeting shall be one-half (1 /2) of the required quorum at the
preceding meeting. No such subsequent meeting shall be held more
than sixty (60) days following the preceding meeting.
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
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AND RESTRICTIONS, Page 7
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.
K. Exempt Property: The following property, subject to this Declaration,
shall be exempt from the assessments created herein:
1. All property expressly dedicated to and accepted by a Local
public authority;
2. The Common Area;
3. All other Properties owned by Declarant or the Association;
4. All Lots owned by Declarant, until title is transferred to another,
or until occupancy, whichever occurs first; and
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AND RESTRICTIONS, Page 8
ARTICLE IV. IRRIGATION WATER SUPPLY SYSTEM
Section 1. 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 Nampa 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.
Section 2. Easement For Irrigation Water Supply System: 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 V. EASEMENTS
Section 1. 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, eave and balcony overhangs.
Section 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 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.
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AND RESTRICTIONS, Page 9
Section 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 branches and
other obstructions which may injure or interfere with the use, occupation or
enjoyment of the reserved easement and the operation, maintenance and repair of
utility service connections and drainage systems.
ARTICLE VI: MAINTENANCE RESPONSIBILITY
The Association shall provide maintenance to and be responsible for the
Common Areas and improvements thereon. 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 perform the
maintenance duties of the Association. In the event of damage or destruction of a
Dwelling Unit by fire or other casualty, the owner must complete repair and/or
replacement of the Dwelling Unit within one hundred -twenty (120) days of the
damage or destruction.
ARTICLE VII: PROPERTY USE RESTRICTIONS
The following restrictions shall be applicable to the Properties and shall be for
the benefit of and limitations upon all present and future Owners of said property, or
of any interest therein:
A. Lot Use: No Lot, with the exception of the Common Area shall be used
except for single-family residential purpose. No Lot or the Common
Area shall be used for the conduct of any trade, business or professional
activity. All Lots and improvements constructed thereon must comply
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AND RESTRICTIONS, Page 10
with all applicable governmental rules, ordinances, laws, statutes and
regulations. The Owner of each Lot shall complete construction of a
Dwelling Unit as permitted herein within one (1) year after the date of
the first conveyance of the Lot to an Owner by Declarant.
B. Animals: No animals, livestock or poultry of any kind shall be 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 be approved by the Architectural Control
Committee. Any animals outside a Dwelling Unit or fenced area must
be on leashes, and the Owner or custodian of the animal shall be
responsible for the immediate cleanup of the animal's droppings. The
term "fenced area" as used in this paragraph shall be 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 pursuant to the provisions of Article VIII below and
that in no event shall the said boundary extend beyond the front plane
of the Dwelling Unit constructed on said Lot.
C. Garbage and Refuse Disposal: No part of said Properties shall be used
or maintained as a dumping ground for rubbish, trash or other waste.
No garbage, trash or other waste shall be kept or maintained on any part
of said 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 shall be kept in a clean and sanitary condition.
D. Nuisance: No noxious or offensive or unsightly conditions shall be
permitted upon any part of said Properties, nor shall anything be done
thereon which may be or become an annoyance or nuisance to the
neighborhood. No exposed antennae or satellite dishes shall be erected
on the Properties without the prior approval of the Architectural Control
Committee, which approval may be withheld in its sole discretion.
E. Outbuildings: No trailer, truck camper, tent, garage, barn, shack or
other outbuilding shall at any time be used as a residence temporarily or
permanently on any part of said Properties.
F. Parking and Storage of Vehicles and Equipment: Parking of boats,
trailers, motorcycles, trucks, truck campers, motorhomes, recreational
vehicles, and like equipment, or junk cars or other unsightly vehicles,
shall not be allowed on any Lot nor on the Common Area, including but
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AND RESTRICTIONS, Page 11
not limited to the Private Streets, except in fully enclosed buildings or
under such circumstances, if any, as may be prescribed in writing by,
and in the sole discretion of the Board of Directors of the Association,
which discretion may not be challenged for having been exercised
unreasonably. 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 or shrub planting
which obstructs sight lines at elevations between three feet (3') and
eight feet (8') above the roadways shall be placed or permitted to
remain on any corner 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 of a street property line with the edge of a
driveway or alley pavement.
H. Leasing Restrictions: Any lease (as defined below) between an Owner
and his tenant shall provide that the terms of the lease shall be subject
in all respects to the provisions contained in this Declaration, 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 of this 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.
I. 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.
K. Parking Rights: Subject to the provisions of paragraph F. above, any
automobile or other vehicle used by any Owner shall be parked in the
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS, Page 12
driveway or garage which is a part of his Dwelling Unit.
L. Mail Boxes: All mail boxes and 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 VIII. BUILDING RESTRICTIONS
Section 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 (1) 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 garage) of each dwelling unit shall be 1400
square feet.
Section 2. Setbacks: No improvements may be constructed or maintained
on a Lot within the minimum building setback lines as set forth on the Plat.
Section 3. Construction Requirements: Each Dwelling Unit may have wood
siding (redwood, cedar or spruce which may be stained or painted) or a combination
of wood, stone, manufactured or synthetic stone, stucco, masonry or masonite
siding with a maximum of eight inch reveal. Each Dwelling Unit must have exterior
brick, stone, manufactured or synthetic stone or stucco on the front elevation. All
roofs shall be comprised of wood shake shingles, asphalt shingles (as may be
approved by the Architectural Control Committee) or tile with a minimum 5/12 pitch.
The exterior, surfaces of each Dwelling Unit shall have such colors as may be
approved by the Architectural Control Committee. All windows shall be of the
anodized type or better (no raw aluminum frames). All fireplace chimneys must be of
masonry or metal and, if metal, shall be wrapped with the same materials as exist on
other areas of the exterior of the Unit to within one foot of the top cap. Each
Dwelling Unit must have at least two exterior lights illuminating the garage door
openings and one exterior light for the front entryway(s).
Section 4. Landscaping: Within sixty (60) days after occupancy or
substantial completion of the Dwelling Unit located thereon (whichever first occurs),
each Lot shall be fully landscaped in the front yard with grass (seeded or 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; in the rear yard with grass (seeded or rolled sod), at least
two deciduous trees at least one and one-half (1-1/2) inches in diameter or conifer
trees at least six (6) feet in height and five (5) 1 gallon and five (5) 5 gallon shrubs or
bushes; and in the street side yard, if any, with at least two (2) deciduous trees at
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS, Page 13
least one and one half (1-1 /2) inches in diameter or conifer trees at least six (6) fee in
height and ten (10) 1 gallon and five (5) gallon shrubs or bushes, all as has been
approved by the Architectural Control Committee. As used herein, the front yard
shall include that portion of each Lot to the side of the Dwelling Unit constructed
thereon which is between the public right of way and the rear plane of the Dwelling
Unit or a fence which extends from the side of the Dwelling Unit to the side lot line.
During construction of the Dwelling Unit, there shall be installed in the front yard
within ten feet (10') of the front boundary line, a photosensitive pole light designed
to switch on automatically at sunset and off at sunrise with a minimum bulb power
of 60 watts, including a minimum sixteen (16) inch diameter masonry or stucco base
to match the Dwelling Unit.
ARTICLE IX. ARCHITECTURAL CONTROL
Section 1. Architectural Control Committee: In order to protect the quality
and value of the homes built on the Properties, and for the continued protection of
the Owners thereof, an Architectural Control Committee is hereby established
consisting of three or more members to be appointed by the Board of Directors of the
Association. The Board of Directors of the Association shall appoint members to the
Architectural Control Committee at each annual meeting of the Board.
Section 2. Approvals Required: 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 harmony of external
design and location in relation to surrounding structures and topography and as to
conformity with requirements of this Declaration. In the event the Architectural
Control Committee fails to approve, disapprove, or specify the deficiency in such
plans, specifications and location within thirty (30) days after submission to the
Architectural Control Committee in such form as they may require, it shall be deemed
approved.
The Architectural Control Committee shall have the right to refuse to approve
any design, plan or color for such improvements, construction or alterations which, in
its opinion, are not suitable or desirable for any reason, aesthetic or otherwise. In so
passing in such design, the Committee shall have the privilege in the exercise of its
discretion to take into consideration the suitability of the proposed structure or
alteration, the materials of which it is to be built, and the exterior color scheme in
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS, Page 14
relation to the site upon which it is proposed to be erected. The Architectural Control
Committee may also consider whether the design of the proposed structure or
alteration is in harmony with the surroundings, the effect of the structure or alteration
when viewed from adjacent or neighboring property, and any and all other facts
which, in the Architectural Control Committee's opinion, shall affect the desirability
of such proposed improvement, structure or alteration. Actual construction shall
comply substantially with the plans and specifications approved.
Section 3. 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 following:
A. Site Plan. A site plan showing the location of buildings and all other
structures and improvements, including fences and walls on the Lot, Lot
drainage and all setbacks and other pertinent information related to the
improvements.
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 roof line
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.
Section 4. Rules and Regulations: The Architectural Control Committee is
hereby authorized to adopt rules and regulations to govern its procedures and the
requirements for making submissions and obtaining approval as the Committee
deems appropriate and in keeping with the spirit of due process of law. The
Architectural Control Committee is further hereby empowered to adopt such 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
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS, Page 15
Control Committee to adopt any such rules and regulations shall not form the basis
for an attack upon the exercise of Architectural Control Committee's discretion, it
being the intent of this Declaration to provide the Architectural Control Committee
with as broad discretion as is permissible under the law.
Section 5. Fees: The Architectural Control Committee may establish, by its
adopted rules, a fee schedule for an architectural review fee to be paid by each
owner submitting plans and specifications for approval. No submission for approval
will be considered complete until such fee has been paid. Such fee shall not exceed
such reasonable amount as may be required to reimburse the Architectural Control
Committee for the costs of professional review of submittals and the services of a
consultant to administer the matter to its completion, including inspections which
may be required.
Section 6. Waivers: The approval of any plans, drawings or
specifications for any structure, improvement, or alteration, or for any matter
requiring the approval of the Architectural Control Committee, shall not be deemed a
waiver of any right to withhold approval of any similar plan, drawing, specifications,
or matters subsequently submitted for approval.
Section 7. 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.
Section 8. Certification by Secretary: The records of the Secretary of the
Association shall be conclusive evidence as to all matters shown by such records and
the issuance of a certificate of completion and compliance by the Secretary or
Assistant Secretary of the Association showing that the plans 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. 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
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS, Page 16
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 of
Idaho, or unless legal proceedings shall have been instituted to enforce completion or
compliance.
Section 9. 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 construction and the sale of all Dwelling Units; provided that, during the
course of such construction and sales, nothing shall be done which will result in a
violation of these restrictions upon completion of construction and sale. Further,
Declarant shall have the right to select and use any individual Dwelling Units owned
by it as models for sales purposes.
ARTICLE X: INSURANCE AND BOND
Section 1. 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.
A. 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).
B. 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 of interest endorsement which
shall preclude the insurer from denying the claim of a Dwelling Unit Owner
because of negligent acts of the Association or other Owners. The scope of
coverage must include all other coverage in the kinds and amounts required
by private institutional mortgage investors for projects similar in
construction, location and use. If the properties contain more than one
hundred (100) Units, coverage shall be for at least $1,000,000 per
occurrence, for personal injury and/or property damage.
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS, Page 17
C. Workmen's compensation and employer's liability insurance and all other
similar insurance with respect to employees of the Association in the
amounts and in the forms now or hereafter required by law.
Section 2. Optional Insurance: The Association may obtain and keep in full
force and effect at all times the following insurance coverage provided by companies
duly authorized to do business in Idaho.
A. Liability insurance affording coverage for the acts, errors and omissions of
its directors and officers, including members of the Architectural Control
Committee and other committees as may be appointed from time to time by
the Board of Directors of such association in such amount as may be
reasonable in the premises.
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.
Section 3. Additional Provisions: The following additional provisions shall apply
with respect to insurance:
A. Insurance secured and maintained by the Association shall not be
brought into contribution with insurance held by the individual Owners
or their mortgages.
B. Each policy of insurance obtained 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 a prior written demand that the defect be cured; that any "no
other insurance" clause therein shall not apply with respect to insurance
held individually by the Owners.
C. All policies shall be written by a company licensed to write insurance in
the state of Idaho and all hazard insurance policies shall be written by a
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS, Page 18
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 XI: CONDEMNATION
Section 1. Consequences of Condemnation: If at any time or times, all or
any part of the Common Area shall be taken or condemned by any public authority or
sold or otherwise disposed of in lieu of or in avoidance thereof, the following
provisions shall apply.
Section 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.
Section 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 separate accounts, one account for each Lot. Each such account shall remain in
the name of the appropriate Association and shall be further identified by Lot number
and the name of the Owner thereof. From each separate account, the Association,
as attorney-in-fact, shall use and disburse the total amount of such accounts, without
contribution from one account to the other, first to Mortgagees and other lienors in
the order of priority of their Mortgages and other liens and the balance remaining to
each respective Owner.
ARTICLE XII: MORTGAGEE PROTECTION
Notwithstanding anything to the contrary contained in this Declaration or in
the Articles or Bylaws of the Association:
A. The Association shall maintain an adequate reserve fund for the
performance of its obligations, including the maintenance, repairs and
replacement of those common elements and improvements thereon, and
such reserve shall be funded by at least quarterly assessments.
B. 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.
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS, Page 19
C. Any management agreement for the Properties or Common Area, or any
other contract providing for services of the developer, sponsor or
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 agree-
ment shall not exceed one (1) year.
D. 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.
E. Unless all institutional holders of First Mortgages have given their prior
written approval, no Association shall:
1. By act or omission seek to abandon, partition, subdivide, encum-
ber, 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 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.)
2. Change the method of determining the obligations, assessments,
dues or other charges which may be levied against an Owner.
3. By act or omission change, waive or abandon any scheme of
regulations, or enforcement thereof, pertaining to the architectural
design or the exterior appearance of Dwelling Units, the
maintenance of the Common Area property, party walls, or
common fences and driveways, or the upkeep of lawns and
plantings in the subdivision.
4. 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).
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS, Page 20
5. Use hazard insurance proceeds for losses to any Common Area
property for other than the repair, replacement or reconstruction
of such Common Area property.
6. Amend materially this Declaration, the Association's Articles of
Incorporation, or its Bylaws.
7. Terminate professional management and assume self-
management of the Properties.
ARTICLE XIII: ANNEXATION
Section 1. Time for Annexation; Land Subject to Annexation: Declarant
hereby reserves the right to annex the real property described in Exhibit A attached
hereto, or any portion thereof, 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 XIII.
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 shall apply to the
added land in the same manner as if it 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 land
shall 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 shall 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 of Dwelling Units within the area subject thereto. Any provision of a
Supplemental Declaration for which no special amendment procedure is provided shall
be subject to amendment in the manner provided in this Declaration.
Section 2. Procedure for Annexation: Any of the above-described real
property may be annexed into the project by the recordation of a Notice of
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 book
and page of the official records of Ada County where this Declaration is
recorded;
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS, Page 21
B. An exact legal description of the added land;
C. A statement that the provisions of this Declaration shall apply to the
added land, except as set forth therein; and
D. A statement of the use restrictions applicable to the annexed property,
which restrictions may be the same or different from those set forth in
this Declaration.
ARTICLE XIV: GENERAL PROVISIONS
Section 1 . Enforcement: The Association or any Owner or the owner of any
recorded mortgage upon any part of said property, shall have the right to enforce, by
any proceedings at law or in equity, all restrictions, conditions, covenants,
reservations, liens and charges now or hereafter imposed by the provisions of this
Declaration. Failure by the Association, or by any Owner to enforce any covenant or
restriction herein contained shall in no event be deemed a waiver of the right to do so
thereafter.
Section 2. Severability: Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no way affect any other provisions
which shall remain in full force and effect.
Section 3. Amendment: The covenants and restrictions of this Declaration
shall run with the land and shall inure to the benefit of and be enforceable by the
Association or the legal Owner of any Lot subject to this Declaration, their respective
legal representatives, heirs, successors and assigns, for a term of twenty-five (25)
years from the date this Declaration is recorded, after which time said covenants
shall be automatically extended for successive periods of ten (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 two-thirds percent (66-2/3%) of
the votes of membership. Any amendment must be recorded.
Section 4. Assignment by Declarant: Any or all rights, powers and
reservations of Declarant herein contained may be assigned to 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. All rights of Declarant hereunder
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS, Page 22
reserved 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 ,
1998.
DECLARANT: STEINER DEVELOPMENT, LLC
Louis J. Steiner
STATE OF CALIFORNIA )
ss.
County of )
On this day of , 1998, before me, the undersigned
Notary Public in and for said State, personally appeared LOUIS J. STEINER, known or
identified to me to be the Managing Member of Steiner Development, LLC, the limited
liability company that executed the within instrument, or the person who executed
the instrument in behalf of said limited liability company, and acknowledged to me
that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
NOTARY PUBLIC, State of Idaho
Residing at Boise, Idaho
My Commission Expires:
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS, Page 23
EXHIBIT A
(Description of Property to be Annexed)
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS, Page 24
ARTICLES OF INCORPORATION
[Sig
DAKOTA RIDGE HOMEOWNERS ASSOCIATION, INC.
The undersigned, acting as incorporator of a corporation under the Idaho
Nonprofit Corporation Act, adopts the following Articles of Incorporation for such
corporation.
ARTICLE 1. NAME: The name of the corporation shall be Dakota Ridge
Homeowners Association, Inc. This corporation is a nonprofit corporation.
ARTICLE 2. DURATION: The duration of this corporation shall be perpetual.
ARTICLE 3. PURPOSE AND POWERS: The purposes for which the
corporation is organized are to engage in all such activities as are incidental or
conducive to the attainment of the objectives of the corporation and any other
activities which are permitted to be done by a nonprofit corporation under any laws
that may now or hereafter be applicable or available to this corporation. Without
limiting the foregoing, it is expressly provided hereby that:
(a) The corporation shall exercise all of the powers and privileges and
perform all of the duties and obligations of the corporation as set forth
in the Declaration of Covenants, Conditions and Restrictions (hereinafter
"Declaration") applicable to the property and recorded or to be recorded
in the Office of the Ada County Recorder, as the same may be amended
from time to time as therein provided, said Declaration being
incorporated herein as if set out at length.
(b) The corporation shall fix, levy, collect and enforce payment by any
lawful means, all charges or assessments, periodic or special, authorized
to be made under the Declaration.
ARTICLES OF INCORPORATION, Page 1
(c) Annexation of additional properties, mergers and consolidations,
mortgaging of Common Area, dissolution and amendment of these
Articles shall require prior approval of the United States Department of
Housing and Urban Development and/or the United States Veterans
Administration as long as there is a Class B membership and provided
that the said agencies then have an interest in the property which is
subject to the Declaration.
ARTICLE 4. MEMBERSHIP: Every person or entity who is a record owner of a
fee or undivided fee interest in any lot which is subject by covenants of record to
assessment by the corporation, including contract sellers, shall be a member of the
corporation. The foregoing is not intended to include persons or entities who hold an
interest merely as security for the performance of an obligation. Membership shall be
appurtenant to and may not be separated from ownership of any lot which is subject
to assessment by the corporation.
ARTICLE 5. VOTING RIGHTS: The corporation shall have two classes of
voting membership.
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 vote for
such lot shall be exercised as they determine, but in no event shall more than one
vote be cast with respect to any lot. Fractional votes shall not be allowed. The vote
applicable to any said lot being sold under contract of purchase shall be exercised by
the contract seller, unless the contract expressly provides otherwise.
CLASS B. Class B member(s) shall be the Declarant, as defined in the
Declaration, 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:
(a) When the total votes outstanding in the Class A membership equal the
total votes outstanding in the Class B membership, or
(b) On December 31, 2008.
ARTICLE 6. REGISTERED OFFICE AND AGENT: The address of the initial
registered office of this corporation is 2485 North Ten Mile Road, Meridian, Idaho
83642, and the name of its initial registered agent at such address is Doug Campbell.
ARTICLES OF INCORPORATION, Page 2
ARTICLE 7. DIRECTORS: The number of directors of this corporation shall be
fixed by the bylaws and may be increased or decreased from time to time in the
manner specified therein. The initial board of directors shall consist of three (3)
directors. The names and addresses of the persons who shall serve as directors until
the first meeting of the members and until their successors are elected and qualify, or
unless they resign or are removed, are:
Doug Campbell
Gary Newman
Paul Newman
2485 North Ten Mile Road
Meridian, Idaho 83642
2485 North Ten Mile Road
Meridian, Idaho 83642
2485 North Ten Mile Road
Meridian, Idaho 83642
ARTICLE 8. INCORPORATOR: The name and address of the incorporator are
as follows:
Doug Campbell
2485 North Ten Mile Road
Meridian, Idaho 83642
ARTICLE 9. AMENDMENT OF ARTICLES AND BYLAWS: These Articles may
not be amended without at least 66-2/3% of the membership votes being cast in
support of such amendment.
ARTICLE 10. DISSOLUTION: Upon dissolution or final liquidation of the
corporation, the assets of the corporation shall be dedicated to a public body or
conveyed to a nonprofit organization with similar purposes.
ARTICLE 11. LIMITATION OF LIABILITY: A director of this corporation shall
not be personally liable to this corporation or its members for monetary damages for
breach of fiduciary duty as a director, except for liability (i) for any breach of the
director's duty of loyalty to this corporation or its members, (ii) for acts or omissions
not in good faith or which involve intentional misconduct or a knowing violation of
law, or (iii) for any transaction from which the director derived any improper personal
benefit. If the Idaho Nonprofit Corporation Act (the "Act") is amended to authorize
corporate action further eliminating or limiting the personal liability of directors, then
the liability of a director of this corporation shall be eliminated or limited to the fullest
extent permitted by the Act as so amended. Any repeal or modification of this
Article 11 by the members of the corporation shall not adversely affect any right or
protection of a director of the corporation existing at the time of such repeal or
modification.
ARTICLES OF INCORPORATION, Page 3
EXECUTED in duplicate this day of 1998, by the
undersigned incorporator.
Doug Campbell
ARTICLES OF INCORPORATION, Page 4
BYLAWS
OF
DAKOTA RIDGE HOMEOWNERS ASSOCIATION, INC.
ARTICLE I. NAME AND LOCATION.
The name of the corporation is DAKOTA RIDGE HOMEOWNERS
ASSOCIATION, INC., hereinafter referred to as the "Association." The principal
office of the Association shall be located at 2485 North Ten Mile Road, Meridian,
Idaho 83642, but meetings of Members and directors may be held at such places
within the State of Idaho, as may be designated by the Board of Directors.
ARTICLE II. DEFINITIONS.
The following terms shall have the following meanings:
Section 1. "ASSOCIATION" shall mean and refer to Dakota Ridge
Homeowners Association, Inc., a nonprofit corporation organized under the laws of
the State of Idaho, its successors and assigns.
Section 2. "COMMON AREA" shall mean all real property and
improvements thereon owned by the Association for the common use and
enjoyment of the Owners.
Section 3. "DECLARANT" shall mean and refer to Steiner Development,
LLC, its successors and, subject to the provisions of the Declaration, its assigns.
Section 4. "DECLARATION" shall mean and refer to the Declaration of
Covenants, Conditions and Restrictions applicable to the Properties recorded in the
Office of the County Recorder of Ada County, State of Idaho.
Section 5. "LOT" shall mean and refer to any plot of land shown upon any
recorded subdivision map of the Properties.
Section 6. "MEMBER" shall mean and refer to those persons entitled to
membership as provided in the Declaration.
Section 7. "OWNER" shall mean and refer to the record Owner, whether
one or more persons or entities, of the fee simple title to any Lot which is part of
BYLAWS, Page 1
the Properties, including contract sellers, but excluding those having such interest
merely as security for the performance of an obligation.
Section 8. "PROPERTIES" shall mean and refer to that certain real property
in Canyon County, State of Idaho, more particularly described as Dakota Ridge
Subdivision No. 1 according to the official plat thereof, records of Ada County,
Idaho, and such additions thereto as may hereafter be brought within the
jurisdiction of the Association.
ARTICLE III. MEETINGS OF MEMBERS,
Section 1. Annual Meetings: The first annual meeting of the Members
shall be held within one (1) year from the date of incorporation of the Association.
The annual meeting of the Members for the election of directors whose terms have
expired and for the transaction of such other business as may properly come before
the meeting shall be held as such hour and on such day as shall be determined by
the Board of Directors. Each Lot Owner shall be deemed a Member of the
Association, and shall be entitled to cast such votes are provided for in the
Declaration.
Section 2. Special Meetings: Special meetings of the Members may be
called at any time by the president or by the Board of Directors, or upon written
request of the Members who are entitled to vote one-fourth (1/4) of all of the votes
of the Class A membership.
Section 3. Notice of Meetings: Written notice of each meeting of the
Members shall be given by, or at the direction of, the secretary or person
authorized to call the meeting, by mailing a copy of such notice, postage prepaid,
at least fifteen (15) days before such meeting to each Member entitled to vote
thereat, addressed to the Member's address last appearing on the books of the
Association, or supplied by such Member to the Association for the purpose of
notice. Such notice shall specify the place, day and hour of the meeting and, in
the case of a special meeting, the purpose of the meeting.
Section 4. Quorum: The presence at the meeting of Members entitled to
cast, or of proxies entitled to cast, one-tenth (1/10) of the votes of each class of
membership shall constitute a quorum for any action except as otherwise provided
in the Article of Incorporation, the Declaration, or these Bylaws. If, however, such
quorum shall not be present or represented at any meeting, by vote of a majority of
the membership votes entitled to be cast then present or represented thereat, the
meeting may be adjourned from time to time, without notice other than
announcement at the meeting, until a quorum as aforesaid shall be present or be
represented.
BYLAWS, Page 2
Section 5. Proxies: At all meetings of Members, each Member may vote in
person or by proxy. All proxies shall be in writing and filed with the secretary.
Every proxy shall be revocable and shall automatically cease upon conveyance by
the Member of his Lot.
ARTICLE IV. BOARD OF DIRECTORS; SELECTION; TERM OF OFFICE.
Section 1. Number: The affairs of this Association shall be managed by a
board of three (3) directors, who need not be Members of the Association.
Section 2. Term of Office: Until the first annual meeting of Members, the
directors of the Association shall be those individuals named in the Articles of
Incorporation or their successors determined in accordance with this Article. At
such meeting, and at each annual meeting of Members thereafter, the directors
shall be elected by the Members; provided however, that if for any reason any such
annual meeting is not held, or the directors are not elected thereat, the directors
may be elected at any special meeting of Members held for that purpose. All
directors shall hold office until their respective successors are elected.
Section 3. Removal: Any director may be removed from the Board, with or
without cause, by a majority vote of the Members of the Association. In the event
of death, resignation or removal of a director, his successor shall be selected by the
remaining Members of the Board and shall serve for the unexpired term of his
predecessor.
Section 4. Compensation: No director shall receive compensation for any
service he may render to the Association. However, any director may be
reimbursed for his actual expenses incurred in the performance of his duties.
Section 5. Action Taken Without A Meeting: The directors shall have the
right to take any action in the absence of a meeting which they could take at a
meeting by obtaining the written approval of all the directors. Any action so
approved shall have the same effect as though taken at a meeting of the directors.
ARTICLE V. NOMINATION AND ELECTION OF DIRECTORS.
Section 1. Nomination: Nomination for election to the Board of Directors
shall be made from the floor at the annual meeting. Such nominations may be
made from among Members or nonmembers.
Section 2. Election: Election to the Board of Directors shall be by secret
written ballot. At such election the Members or their proxies may cast, in respect
to each vacancy, as many votes as they are entitled to exercise under the
provisions of the Declaration. The persons receiving the largest number of votes
shall be elected. Cumulative voting is not permitted.
BYLAWS, Page 3
ARTICLE VI. MEETING OF DIRECTORS.
Section 1 . Regular Meetings: Regular meetings of the Board of Directors
shall be held monthly without notice, at such place and hour as may be fixed from
time to time by resolution of the Board. Should said meeting fall upon a legal
holiday, then that meeting shall be held at the same time on the next day which is
not a legal holiday.
Section 2. Special Meetings: Special meetings of the Board of Directors
shall be held when called by the president of the Association, or by any two
directors, after not less than three (3) days notice to each director.
Section 3. Quorum: A majority of the number of directors shall constitute
a quorum for the transaction of business. Every act or decision done or made by a
majority of the directors present at a duly held meeting at which a quorum is
present shall be regarded as the act of the Board.
ARTICLE VII. POWERS AND DUTIES OF BOARD OF DIRECTORS.
Section 1 . Powers: The Board of Directors shall have power to:
A. Adopt and publish rules and regulations governing the use of the
Common Area and facilities, and the personal conduct of the Members
and their guests thereon, and to establish penalties for the infraction
thereof;
B. Suspend the voting rights of a Member during any period in which
such Member shall be in default in the payment of any assessment
levied by the Association.
C. Exercise for the Association all powers, duties and authority vested in
or delegated to this Association and not reserved to the membership
by other provisions of these Bylaws, the Articles of Incorporation or
the Declaration;
D. Declare the office of a Member of the Board of Directors to be vacant
in the event such Member shall be absent from three (3) consecutive
regular meetings of the Board of Directors; and
E. Employ managers, independent contractors or such other employees
as the board deems necessary and to prescribe their duties.
Section 2. Duties: It shall be the duty of the Board of Directors to:
BYLAWS, Page 4
A. Cause to be kept a complete record of all its acts and corporate affairs
and to present a statement thereof to the Members at the annual
meeting of the Members, or at any special meeting when such
statement is requested in writing by one-fourth (1/4) of the Class A
Members who are entitled to vote.
B. Supervise all officers, agents and employees of this Association, and
to see that their duties are properly performed;
C. As more fully provided in the Declaration to:
1. Fix the amount of the annual assessment against each Lot at
least thirty (30) days in advance of each annual assessment
period;
2. Send written notice of each assessment to every Owner subject
thereto at least thirty (30) days in advance of each annual
assessment period; and
3. Foreclose the lien against any property for which assessments
are not paid within thirty (30) days after due date or to bring an
action at law against the Owner personally obligated to pay the
same.
D. Issue, or to cause an appropriate officer to issue, upon demand by any
person, a certificate setting forth whether or not any assessment has
been paid. A reasonable charge may be made by the board for the
issuance of these certificates. If a certificate states an assessment
has been paid, such certificate shall be conclusive evidence of such
payment;
E. Procure and maintain adequate liability and hazard insurance on
property owned by the Association;
F. Cause all officers or employees having fiscal responsibilities to be
bonded, as it may deem appropriate; and
G. Cause the Common Area to be maintained as more fully provided for
in the Declaration.
ARTICLE VIII. OFFICERS AND THEIR DUTIES.
Section 1. Enumeration of Offices: The officers of this Association shall
be a president and vice president, who shall at all times be Members of the Board
BYLAWS, Page 5
of Directors, a secretary and a treasurer, and such other officers as the Board may
from time to time create by resolution.
Section 2. Election of Officers: The election of officers shall take place at
the first meeting of the Board of Directors following each annual meeting of the
Members.
Section 3. Term: The officers of this Association shall be elected annually
by the Board and each shall hold office for one (1) year unless they shall sooner
resign or shall be removed or otherwise disqualified to serve.
Section 4. Special Appointments: The Board may elect such other officers
as the affairs of the Association may require, each of whom shall hold office for
such period, have such authority and perform such duties as the Board may from
time to time determine.
Section 5. Resignation and Removal: Any officer may be removed from
office with or without cause by the Board. Any officer may resign at any time,
giving written notice to the Board, the president or the secretary. Such resignation
shall take effect on the date of receipt of such notice or at any later time specified
therein, and unless otherwise specified therein, the acceptance of such resignation
shall not be necessary to make effective.
Section 6. Vacancies: A vacancy in any office may be filled by
appointment by the Board. The officer appointed to such vacancy shall serve for
the remainder of the term of the officer replaced.
Section 7. Multiple Offices: The offices of secretary and treasurer may be
held by the same person. No person shall simultaneously hold more than one of
any of the other offices, except in the case of special offices created pursuant to
Section 4 of this Article.
Section 8. Duties: The duties of the officers are as follows:
A. President: The president shall preside at all meetings of the Board of
Directors; shall see that orders and resolutions of the Board are carried
out; shall sign all leases, mortgages, deeds and other written
instruments and shall co-sign all checks and promissory notes.
B. Vice President: The vice president shall act in the place and stead of
the president in the event of his absence, inability or refusal to act,
and shall exercise and discharge such other duties as may be required
of him by the Board.
BYLAWS, Page 6
C. Secretary: The secretary shall record the votes and keep the minutes
of all meetings and proceedings of the Board and of the Members;
keep the corporate seal of the Association and affix it on all papers
requiring said seal; serve notice of meetings of the Board and of the
Members; keep appropriate current records showing names of
Members of the Association, together with their addresses, and shall
perform such other duties as required by he Board.
D. Treasurer: The treasurer shall receive and deposit in appropriate bank
accounts all monies of the Association and shall disburse such funds
as directed by resolution of the Board of Directors; shall sign all
checks and promissory notes of the Association; keep proper books of
account; cause an annual audit of the Association books to be made
by a public accountant at the completion of each fiscal year; and shall
prepare an annual budget and a statement of income and expenditures
to be presented to the membership at its regular annual meeting, and
deliver a copy of each to the Members.
ARTICLE IX. COMMITTEES
The Association shall appoint an Architectural Control Committee, as
provided in the Declaration. In addition, the Board of Directors shall appoint other
committees as deemed appropriate in carrying out its purpose.
ARTICLE X. BOOKS AND RECORDS
The books, records, and papers of the Association shall at all times, during
reasonable business hours, be subject to inspection by any Member. The
Declaration, the Articles of Incorporation and the Bylaws of the Association shall be
available for inspection by any Member at the principal office of the Association,
where copies may be purchased at reasonable cost.
ARTICLE XI. ASSESSMENTS
As more fully provided in the Declaration, each Owner is obligated to pay to
the Association annual and special assessments which are secured by a continuing
lien upon the property against which the assessment is made. Any assessments
which are not paid when due shall be delinquent. If the assessment is not paid
within thirty (30) days after the due date, the assessment shall bear interest from
the date of delinquency at the rate of twelve percent (12%) per annum, and the
Association may bring an action at law against the Owner personally obligated to
pay the same or foreclose the lien against the property, and interest, costs and
reasonable attorney's fees of any such action shall be added to the amount of such
assessment. No Owner may waive or otherwise escape liability for the
BYLAWS, Page 7
assessments provided for herein by non-use of the Common Area or abandonment
of his Lot.
ARTICLE XII. CORPORATE SEAL
The Association shall have a seal in circular form having within its
circumference the words: Dakota Ridge Homeowners Association, Inc.
ARTICLE XIII. AMENDMENTS
The Bylaws of the Association may be altered, amended, or new Bylaws
adopted at any regular meeting or at any special meeting of the Members thereof,
called for that purpose, by the affirmative vote of two-thirds (2/3) of the Members
present at such meeting; provided, that a quorum as specified herein or in the laws
of the State of Idaho be present; provided further, however, that notwithstanding
the foregoing, Declarant may amend these Bylaws from time to time for the
purpose of adopting any amendment which may reasonably be requested by any
proposed mortgagee or by any institutional holder intending to purchase a
mortgage, in order to assure such mortgagee or institutional holder that its interests
are adequately protected, or in order to comply with the requirements or
regulations of any governmental or quasi -governmental entity or institution holding
or insuring a mortgage.
In the case of any conflict between the Articles of Incorporation and these
Bylaws, the Articles shall control; and in the case of any conflict between the
Declaration and these Bylaws, the Declaration shall control.
ARTICLE XIV. INDEMNIFICATION OF DIRECTORS, OFFICERS, EMPLOYEES
AND OTHER AGENTS
Section 1 . Directors and Executive Officers: The corporation shall indemnify
its directors and officers to the full extent permitted by the Idaho Nonprofit
Corporation Act (the "Act"), as the same exists or may hereafter be amended (but,
in the case of any such amendment, only to the extent that such amendment
permits the corporation to provide broader indemnification rights than the Act
permitted the corporation to provide prior to such amendment); provided, however,
that the corporation may limit the extent of such indemnification by individual
contracts with its directors and officers; and, provided further, that the corporation
shall not be required to indemnify any director or officer in connection with any
proceeding (or part thereof) initiated by such person or any proceeding by such
person against the corporation or its directors, officers, employees or other agents
unless (1) such indemnification is expressly required to be made by law; (ii) the
proceeding was authorized by the Board of Directors of the corporation, or (iii) such
indemnification is provided by the corporation, in its sole discretion, pursuant to the
powers vested in the corporation under the Act.
BYLAWS, Page 8
Section 2. Other Officers, Employees and Other Agents: The corporation
shall have the power to indemnify its employees and other agents as set forth in
the Idaho Nonprofit Corporation Act.
Section 3. Good Faith: For purposes of any determination under this Article
XIV, a director or officer shall be deemed to have acted in good faith and in a
manner he reasonably believed to be in or not opposed to the best interests of the
corporation and, with respect to any criminal action or proceeding, to have had no
reasonable cause to believe that this conduct was unlawful, if his action is based
on the records or books of account of the corporation or another enterprise, or on
information, opinions, reports or statements, including financial statements and
other financial data, prepared or presented (1) the officers of the corporation or
another enterprise whom the director or officer reasonably believes to be reliable
and competent in the matters present, or (ii) legal counsel, a public accountant or
other person as to matters which the director or officer believes to be within such
person's professional or expert competence. The term "other enterprise" as used
in this Section 3 shall mean any other corporation or any partnership, joint venture,
trust or other enterprise, including any employee benefit plan, of which such person
is or was serving at the request of the corporation as a director, officer, employer
or other agent . The provisions of this Section 3 shall not be deemed to be
exclusive and/or to limit in any way the circumstances in which a person may be
deemed to have met the applicable standard of conduct set forth by the Act.
Section 4. Expenses: The corporation shall advance, prior to the final
disposition of any proceeding, promptly following request therefor, all expenses
incurred by any director or officer in connection with such proceeding upon receipt
of any undertaking by or on behalf of such person to repay such amount if it should
be determined ultimately that such person is not entitled to be indemnified under
this Article XIV or otherwise.
Section 5. Enforcement: Without the necessity of entering into an express
contract, all rights to indemnification and advances under this Article XIV shall be
deemed to be contractual rights and to be effective to the same extent as if
provided for in a contract between the corporation and the director or officer who
serves in such capacity at any time while this Article XIV and other relevant
provisions of the Act and other applicable law, if any, are in effect. Any right to
indemnification or advances granted by this Article XIV to a director or officer shall
be enforceable by or on behalf of the person holding such right in any court of
competent jurisdiction if (i) the claim for indemnification or advances is denied, in
whole or in part, or (ii) no disposition of such claim is made within ninety(90) days
of request therefor. The claimant in such enforcement action, if successful in
whole or in part, shall be entitled to be paid also the expense of prosecuting his
claim. It shall be a defense to any such action that the claimant has not met the
standards of conduct which make it permissible under the Act for the corporation
BYLAWS, Page 9
to indemnify the claimant for the amount claimed; but the burden of proving such
defense shall be on the corporation. Neither the failure of the corporation
(including its Board of Directors, its independent legal counsel, or its Members) to
have made a determination prior to the commencement of such action that
indemnification of the claimant is proper in the circumstances because he has met
the applicable standard of conduct set forth in the Act, nor an actual determination
by the corporation (including its Board of Directors, its independent legal counsel or
its Members) that the claimant has not met such applicable standard of conduct,
shall be a defense to the action or create a presumption that claimant has not met
the applicable standard of conduct.
Section 6. Non -Exclusivity of Rights: The rights conferred on any person by
this Article XIV shall not be exclusive of any other right which such person may
have or hereafter acquire under any statute, provision of the Articles of
Incorporation, Bylaw, agreement, vote of Members or disinterested directors or
otherwise, both as to action in this official capacity and as to action in any other
capacity while holding office. The corporation is specifically authorized to enter
into individual contracts with any or all of its directors, officers, employees or
agents respecting indemnification and advances, as provided by law.
Section 7. Survival of Rights: The rights conferred on any person by this
Article XIV shall continue as to a person who has ceased to be a director, officer,
employee or other agent and shall inure to the benefit of the heirs and personal
representatives of such a person.
Section 8. Amendments: Any repeal or modification of this Article XIV shall
only be prospective and shall not affect the rights under this Article XIV in effect at
the time of the alleged occurrence of any act or omission to act that is the cause of
any proceeding against any director, officer, employee or agent of the corporation.
Section 9. Savings Clause: If this Article XIV or any portion hereof shall be
invalidated on any ground by any court of competent jurisdiction, then the
corporation shall nevertheless indemnify each director or officer to the full extent
permitted by any applicable portion of this Article XIV that shall not have been
invalidated, or by any other applicable law.
ARTICLE XV. MISCELLANEOUS
Unless otherwise determined by the Association's Board of Directors, the
fiscal year of the Association shall begin on the first day of January and end on the
BYLAWS, Page 10
31" day of December of every year, except that the first fiscal year shall begin on
the date of incorporation.
The foregoing Bylaws shall be effective the _ day of
DOUG CAMPBELL, Director
GARY NEWMAN, Director
PAUL NEWMAN, Director
BYLAWS, Page 11
CONSENT OF DIRECTORS IN LIEU OF ORGANIZATIONAL MEETING
OF
DAKOTA RIDGE HOMEOWNERS ASSOCIATION, INC.
The undersigned, constituting all of the Directors of Dakota Ridge Homeowners
Association, Inc., an Idaho Nonprofit Corporation, do hereby consent to, adopt, ratify
and approve in writing the following corporate actions, without a meeting, in
accordance with the provisions of the Idaho Nonprofit Corporation Act:
BE IT RESOLVED, that the Articles of Incorporation of this Corporation, as
filed, are approved and adopted and shall be inserted in the minute book of the
Corporation, together with a Certificate of Incorporation issued by the Secretary of
the State of Idaho.
BE IT FURTHER RESOLVED, that the Bylaws for the regulation of the affairs of
the Corporation are hereby ratified, confirmed and approved and adopted as the
Bylaws of this Corporation and shall be found in the corporate record book.
BE IT FURTHER RESOLVED, that the following persons are hereby elected as
the officers of this Corporation, to hold office for the ensuing year or until such time
as their respective successors are duly elected and qualified:
President:
Vice -President:
Secretary
Treasurer:
Doug Campbell
Gary Newman
Paul Newman
Paul Newman
CONSENT OF DIRECTORS IN LIEU OF ORGANIZATIONAL MEETING - 1
BE IT FURTHER RESOLVED, that the following persons are hereby appointed
as the members of the Architectural Control Committee, to hold office for the ensuing
year or until such time as their respective successors are duly elected and qualified:
Doug Campbell
Bob Campbell
Louis Steiner
BE IT FURTHER RESOLVED, that a corporate seal, the impression of which is
affixed in the margin hereof, be and the same shall be the corporate seal of the
Corporation.
BE IT FURTHER RESOLVED, that the secretary of this Corporation shall procure
all such records, transfer books, books of account, stationery, and other office
supplies as may be necessary, for the proper conduct of this Corporation's business.
BE IT FURTHER RESOLVED, that the treasurer be, and hereby is authorized and
directed to pay out of any funds belonging to this Corporation the expenses incurred
in connection with its incorporation and for the supplies ordered or to be purchased in
connection with the organization of the Corporation and the establishment of its
business, and such other obligations, if any, as the Corporation has incurred
incidental to its organization.
BE IT FURTHER RESOLVED, that this Corporation will open a banking account
for its general banking business with a bank to be selected, and the standard banking
resolutions used by said bank for a corporation account is hereby adopted as if said
resolution had been set forth herein in full.
CONSENT OF DIRECTORS IN LIEU OF ORGANIZATIONAL MEETING - 2
DATED this day of 1998.
Doug Campbell, Director
Gary Newman, Director
Paul Newman, Director
CONSENT OF DIRECTORS IN LIEU OF ORGANIZATIONAL MEETING - 3