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Home My WebLink AboutCCR'S• #765885 PROTECTIVE COVENANTS Western Subdivision December 7th, 1970. 0 AND R&)TRICTIONS March 24,1971 L We, and each of us, being all of the owners of the property comprising that certain subdivision in Meridian, Ada County, Idaho, known as Western Subdivision, hereby execute this affidavit for the purpose of constituting certain restrictive covenants and cond- itions to all of the lots and blocks of said Western Subdivision. That the restrictive covenants and conditions hereinabove referred to are enumerated and declared to be as follows, to -wit: RESIDENTIAL AREA COVENANTS 1. LAND USE AND BUILDING TYPE:.No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than the following: (a) One detached single-family dwelling not to exceed two stories in height, and private garage for not more than two cars. (b) One detached "duplex" dwelling notto exceed two stories in height, and a private garage for not more than four cars. (c) One or more detached multi -family dwelling(s) not to ex- ceed two stories in height, and a private garage for not more than two cars per unit, provided that said multi -family dwelling s) -are erected on two or more lots, except that Lot 8, Block 1, is hereby excluded from the lot requirement portion stated above, it being provided that more than one multi -family dwelling may be erected on said Lot 8, Block 1. A business may be maintained in „ single-family dwelling onely, pro- viding the same is done without altering the exterior residential style of said dwelling, &nd provided that written permission of 75% by area, of all of the record title holders of said Western Subdivi- sion is obtained, and the said permission specifies the type of business to be performed, and the said written permission is recorded in the records of Ada County Idaho. 2. DWELLING COST, -QUALITY AND SIZE: No dwelling shall be permitted on any lot at a cost of less than $13,500.00 based upon cost levels prevailing on the date these covenants are recorded, it being the intention and purpose of the covenant to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure of singl-family dwelling, exclusive of one-story open porches and garages, shall be not less that 950 square feet for a one-story dwelling, nor less that 850 square feet for a dwelling of more than one story. The floor area of multi -family dwellings shall be not less than 700 square feet per unit. 3. BUILDING LOCATION: (a) No building shall be located on any lot nearer to the front lot line or nearer to the side street line thah the minimum building setback liens shown on the recorded plat. In any event, no building shall be located on any lot nearer than 20 feet to the front lot lice nor nearer than 15 feet to any side street line. (b) No building shall be located nearer than 5 feet to an interior lot line nor nearer than 10 feet to the rear lot lien. (c) For the purpose of this covenant, Eaves, steps, and open_ porches shall not be considered as a part of a building, provided however, that this shall not be construed to permit any portion of sa-id- eaves,:-- ste-ps-,----o-r open porche-s-to-=b-e -.nearer--than 3 feet to any interior lot lien. (d) A one-story attached garage may not be located nearer to a street than above provided. 4. LOT AREA AND WIDTH: No dwelling shall be erected or placed on any lot having a width of less than 50 feet at the min- imum building setback line nor shall any dwelling be erected or placed on any lot having an area of less than 4000 square feet. _ � o • PROTECTIVE COVENANTS AND RESTRICTIONS WESTERN SUBDIVISION ;765885 Page 2 5. EASEME11TS: Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear of each lot. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installationand maintenance of utilities, or which may change the direction of flow of water through drainage channels in the easements. The ease- ment area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except fof those improvements for which a public authority or utility company is responsible. 6. NUISANCES: No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 7. TEMPORARY STRUCTURES: No structure of a. temporary y character, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used on any lot at any time as a residence either temporarily or permanently. - 8. SIGNS: No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a - builder to advertise the property during construction and sales period. 9. OIL AN: MINING OPERATIONS: No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. 10. LIVESTOCK AND POULTRY: No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats, or other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purposes. 11. GARHr_GE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 12. WATER SUPILY: No individuals water supply system shall be permitted on any lot unless such system is located, constructed and equipped in accordance with the requirements, standards and recommen- dations of the Department of Health of the State of Idaho and also the City of Meridian, County of Ada, State of Idaho. Approve.l of such systems as installed shall be obtained from such authorities. 13. SEWAGE DISPOSAL: No individual sewaf_e dispcsal system shall be permitted on any lot. GENERAL PROVISIONS 1. TERM: These covenants are to run with the land and shall be binding upon parties and all persons claiming under them for a period of thirty years from the date these covenants are recordea, after which time said covenants shall be automatically extended for successive periods of 10 years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. ENFORCEMENT.:EQs�e�en_tshell-h��_y-_-pr-oc_cedings .:at- law -- - - _ zquity against any person or persons violating or attempting ..end! ate any covenant either to restrain violation or tb recover damages. 3. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect. THESE COVENANTS shall bind the heirs, executors, administrators and assigns of the undersigned. e PROTECTIVE COVENANTS AN; RESTRICTIONS WES7TERN SUBDIVISION #765885 Page 3 IN WITNESS WHEREOF, we, the undersigned, have hereunto set our hands this 7th day of December 1970- Don 0.Don Gould Ra and Tolsma Annette Gould Virginia Tolsma I Acknowledged December 7th, 1920 by Don Gould Annette Gould and Ri nd Tolsma and VirEinia Tolsma before Al ertW. ai ar ,� Notary Public for Idaho, residing at oise. Ac naw a ge n a County State of Idaho. AMENDMENT TO oil -6 c '7GS9f RESTRICTIONS AND COVENANTS 7 S 7"��"�S WESTERN SUBDIVISION In the NE Quarter of Section 12, T. 3 N., R. l W., B A , Ada County, Idaho WE, THE UNDERSIGNED, being all of the owners of the property comprising WESTERN SUBDIVISION, in Meridian, Ada County, Idaho, do hereby amend and modify those certain Restrictions and Covenants Attached to "Western Subdivision" in the NE 1/4 of Sec. 12 Twp. 3N. R1W. B.M. Ada Count Idaho, recorded March 24, 1971, as Instrument No. 765885, records of Ada County, Idaho, in the following particulars: Paragraph 1 of the RESIDENTIAL AREA COVENANTS; on Page l of said instrument, is hereby amended and modified to read as follows: 4l 1. LAND USE AND BUILDING TYPE: No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than the w following: (a) One detached single-family dwelling not to exceed two stories in height, and a private garage for not more than two cars; or (b) With respect only to the specific lots indicated below, multi -family dwellings, and private garages for not more than two cars per family unit, as follows: (1) With respect to Lot 9 of Block 2, one detached "duplex" dwelling not to exceed two stories in height, and a private garage for not more than four cars; T) With respect to Lot 2 0_--.__:: — . _ __� 2 v f Block 3 and Lot 3 of a Block 3, one detached "duplex" or "tri lex" dwellin P g � not to exceed two stories in height, and a private o garage for not more than two cars per family unit; (3) With respect to Lot 8 of Block 1, one or more detached multi -family dwellings not to exceed two stories in height, and a private garage for not more than two cars per family unit for each such multi- family dwelling. A business may be maintained in a single-family dwelling only, provided the same is done without.altering the exterior residential style of said dwelling, and provided that written permission of 75t by area, of all' of the record title holders'of said Western Subdivision is obtained, and the said permission specifies the type -of business to be performed, and the said written permission is recorded in the records of Ada County, Idaho. Except as expressly herein amended and modified, said Restrictions and Covenants as set forth in said instrument recorded as Instrument No. 7658853 records of Ada County, Idaho, shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned have hereunto set their hands effective as of th s day of 1971. _. =__ ___ -- . _ __ - - _ _ -_