HomeMy WebLinkAboutWoodbridge No. 2 PP 01-019
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CITY OF MERIDIAN
Planning & Zoning Department '
660 E. Watertower Ln., Ste. 202, Meridian, ill 83642
(208) 884-5533 Phone / (208) 888-6854 Fax
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REQUEST FOR SUBDIVISION APPROVAL
PRELIMINARY; PLAT
(RE: Meridian Subdivision Ordinance - 12-3-1 thru 12-3-6)
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GENERAL INFORMATION
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PRELIMINARY PLAT FEATURES
1. ,~Acres:~
2. Numbef'()fbuilding lots: /15
3. Number of other lots: 10
4. Gross density per acre: '5f> p.l.J. s/A~
5. Net density per acre: f.~ D.V./.s;/~
6. Zoning District(s): Existing: 12-1 Proposed: j..J/A
7. Does the plat border a potential green belt or pathway? yee,.~ F' ve Nt I L.E; Cf.!e;e~
8. Have recreational easements been provided for? Yes
9. Are there propo~:ed recreational amenities to:::~e City?' y~ Explain PI/11fWA Y"
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10. Are there'proposed dedicationS of common areas? A~
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For future parks?,tJO' - Explam -, ll.
11. What school(s) servfce the area?5pAUl.Ot~ taus ~ CAAe,,-, ~
agreements for future school sites? tJo ExpJ~
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12. Are there any other proposed amenities to the City? kID Explain
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13. Type of building (residential, commercial, industrial, office or combination): I!eGlDeIJT7AJ.,..
14. Type ofdwelling(s) (single family, duplexes, multiplexes, other):SIIUC!:It.e f?lM/~Y
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Rev. 06/15/01
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Proposed deveJdlpent features: _ .
a. Minim~quare footage oflot(s): 1f;oo <!i.f. ~~ etJf.qq. b3":f
b. Minimum square fooU\ge ofstructure(s): 1?pC( ~'F'
c. Are garages provided for? Ye6 Square footage: 4,at;J s.ft ~IIJIJ-.I(j1JJ
d. Has landscaping been provided for? Y~6 Describe:.)tf1zo ~S ,;By SIJIlDEf2S
'" ~~{)JJ A/ZeII.~ BY [:)jWi:z.L:>peje ;'
e. Are sprinkler systems provided for? Yesj p/J 5Ysr~ BY l:Elllfft..6pte.;t..
f. Are there multiple units? JJO I Type: '
Remarks:
g. Are there special set back requirements? Explain: ~
AU-04VA,v ees
h. V alue ran~e of property: J.J I A
1. Type of financing for development: ,N /'"
J. Were protective covenants submitted? Y~G Date:
16. Does the proposal land lock other property? NO Does it create Enclaves? N/A
15.
STATEMENTS OF COMPLIANCE
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Streets, curbs, gutters and sidewalk' are to be constructed to standards as required by Ada
County Hi@hway District and Meridian Ordinance. Dimensions will be determined by
the City Engineer. All sidewalks will be five (5) feet in width.
Proposed use is in conformance with the City of Meridian Comprehensive Plan.
Development will connect to City services.
Development will comply with City Ordinances.
Preliminary Plat includes all appropri~e easements.
Street names do not conflict with City grid system.
All items noted on the preliminary plat checklist have been completed.
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I have read the information contained herein and certify the information~' ~e and correct and
that this plat is in compliance with the above statements. ,
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. 'Sigiiature of Applicant
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Woodbridge Phase U - Preliminary Plat
Development Statements
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Date: August 14,2001
1. Variances.
This application is consistent with the original entitlements/approvals for the Woodbridge
community as identified in the Findings of Fact and Conclusions of Law for the Conditional Use
Permit (CUP-99-037). No additional variances to the Meridian City Zoning Ordinance(s) are
requested as a part of this application.
2. Development Features.
Phase II of Woodbridge is a continuance of the design lquage established in the first phase. The
land area on the east side of Five Mile Creek will include substantial open space and a diversity of
housing options. In addition, the phase will include an emergency vehicle access connection to
Greenhill Estates to the north and a secondary vehicular access connection to Magic View to the
east.
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There are approximately 3-acres of open space in Woodbridge No.2, bringing the project total to
approximately 16-acres or 20% of the site. As with Phase I, housing product will be mixed on
T~ A, B, C & D homesites. Phase II consists of 115 building lots bringing the project total to
279, 4 less than the approved maximum of 283 homesites. Per the approvals, the northern property
line of Phase II, adjacent to Greenhill Estates, will consist exclusively of Type D homesites.
3. Traffic ImpacU.
The additional traffic generated by the development of Woodbridge No.2 falls within the
acceptable limits as determined by the Ada County Highway District (ACHD). A copy of the
ACHD staff report for the Conditional Use Permit is attached. Furthermore, a Traffic Impact
Study was prepared for the project and will be made available upon request.
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4. Pre-Application Meetinl!.
A pre-application meeting was held with Staff on Thursday, July 26th, 2001. Scott Beecham, Jim
Conger and Gene Smith were in attendance representing the developer while Brad Hawkins-Clark,
Bruce Freckleton and Shari Stiles represented the City of Meridian. Meeting notes from that
meeting are attached for your convenience.
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5. Restrictive Covenants.
Draft covenants, conditions and restrictions (C, C&R's) were submitted with the preliminary plat
application for Woodbridge No.1. An updated and recorded copy of the Master Declaration of
Covenants, Conditions, and Restrictions for Woodbridge is attached.
6. Groundwater Monitorine:.
Groundwater levels were monitored prior to submitting a subdivision application on the fIrst phase
of Woodbridge. A copy of the monitoring report is attached.
Woodbridge Community LLC, an Idaho limited liability company
Woodbridge Phase II - Preliminary Plat
Statements of Compliance
Date: August 14,2001
1. Streets, curbs, gutters and sidewalks within Woodbridge No.2 will be constructed to specific
standards as required by the Ada County Highway District (ACHD) and Meridian Ordinance
unless otherwise approved by the City of Meridian and the ACHD.
2. The use proposed for Woodbridge No.2 is in conformance with the City of Meridian
Comprehensive Plan.
3. Woodbridge No.2 will connect to Meridian City services.
4. Unless otherwise approved, Woodbridge No.2 will comply with City Ordinances which are
currently in effect.
5. The Preliminary Plat for Woodbridge No.2 includes all appropriate easements.
6. Street names for Woodbridge No.2 will be approved by the street name committee and will be
consistent with the City grid system.
7. All items on the preliminary plat checklist have been completed.
Woodbridge Community LLC, an Idaho limited liability company
By: O'Neill En
Company, its
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O'~ILL ENTERPRIS~S.
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Aupt 28, 2001
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Mr. Brad Haw~Clark
Meridim Plannin&and Zoning
660 E. Watcrtower Lane, Suite 202
Meridian, Idaho 83642
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Dear Brad,
Pursuant to our conversation this morning regarding the requirements of the landscape ordinance, I 8D1
writing this letter to infonn you that I have a degree in landscape architecture and that I pNpared the
mndsca~ plan submittal for Woodbridge Phase n. Because we do not have AutoCAD clIIpllbilitilPS in our
office, Engineering NorthWest put the plan into electronic fonnat on ~ preliminary pIat hue map.
The plan mieets the requirements of the landscape ordinance and is consistent with the lmdscaptd common
areas devlllloJR:P in the first pbase of Woodbridge.
Pic.-,; fee.!. free to :give me a call at (208) 333-2411 with any further qu=stions.
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Ada CounllfoJh hwalf 1Jijlricl
O'NEILL ENTERP~ISES
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Judy Peavey-Derr, President
Dave Bivens, Vice President
Marlyss Meyer, Secretary
Sherry R. Huber, Commissioner
Susan S. Eastlake, Commissioner
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318 East 37th Street
Garden City, Idaho 83714-6499
Phone (208) 387-6100
Fjix (208) 387-6391
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November 17, 1999
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Mr. Scott Beecham
100 N. 9th Street, Suite 300
Boise. 10 83702
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FROM:
Steve Arnold. Principal Development Analyst
Planning & Development ~
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SUBJECT:
MCUP99-037/MAZ99-20 \~
WOODBRIDGE SUBDIVSION
elo Locust Grove Rd. slo Franklin Rd.
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The Commissioners of the Ada County Highway District on November 17. 1999 acted on your
application for the above referenced project. The attached staff report lists conditions of approval
and street improvements. which are required.
If you have and questions. please feel free to contact me at (208) 387-6170. .,
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Planning & DevelopmenVchron/project file
CITY OF MERIDIAN
Construction Services - John Edney
Drainage - Chuck Rinaldi
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ADA COUNTY HIGHWAY DISTRICT
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Planning and Development Division
Development Application Report
MAZ99-20/M CUP99-03 7
e/o Locust Grove Rd 5/0 Franklin Rd
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Facts and Findings:
A. General Infomlatlon
Owner - James F. Griffin
Applicant - Woodbridge Community, LLC
R-T - Existing zoning
R-4 - Requested zoning
80.83 - Acres
283 - Proposed building lots
12,700 - Total lineal feet of pli-oposed public streets
283 - Traffic Analysis Zone (T AZ)
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West Ada - Impact Fee Service Area =
Meridian - Impact Fee Assessment District
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Franklin Road n
Minor arterial with bike lane designation
Traffic count 11,494 on 10-6-99
O-feet of frontage
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Franklin Road is improved with two lanes between Eagle Road and Locust Grove Road.
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Weatherby Drive
Local Street with no bike lane designation
No traffic count available
50-feetsof frontage
50-feet existing right-of-way (25-feet from centerline)
50-feet required right-of-way required for its extension
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Weatherby Drive is unopened right-of-way south of Autumn Way.
Locust Grove Road
Minor arterial with bike lane designation
No traffic count available
I ,325-feet of frontage
50-feet existing right-of-way (25-feet from centerline)
96-feet required right-of-way (48-feet from centeFJine)
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Locust Grove Road is improved with 24-feet of pavement with no curb, gutter or sidewalk.
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Awtumn Wa.'i
Local street with no bike lane designation
No traffic count available
O-feet of frontage
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Autumn Way is improved as a 37-foot street section with curb and gutter but no sidewalk.
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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 387-6280 (with file numbers) for
details. ....
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It. The applicant has submitted a very thorough traffic analysis for this project. The key findings
of the analysis include:
. The proposed project is expected to generate 2,871 daily vehicle trips at full build-out.
. The proposed project includes a residential collector street'as access to Locust Grove
and local street access (stub street) to a future connection to the east.
. There is an unopened right-of-way (Weatherby Drive) to the north ofthis project. The
applicant is not proposing to extend the unopened right-of-way.
. There are no stub streets to the south nor any clear potential for the construction of a
future connection.
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. The proposed site plan shows a stub street to the southeast'~ornerofthe project site.
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This stub street would provide a future connection east\vard into the Magic View
subdivision. The location of the stub street should be coordinated with District staff.
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Because the project has only one connection to Locust Grove R'Oad and no definite
minor connection to the east or the north, this project site is essentially one cul-de-sac.
The District has a policy limiting the number of daily vehicle trips to 2,500 vehicle trips
for a residential collector roadway. This project generates 2,871 daily vehicle trips per
day. A second access is needed to provide for the safety and convenience of the
residents and allow full development of this site.
The District has a policy limiting the number daily vehicle trips to 1,000 which can be
safely accommodated on a roadway with front-on housing. The internal roadway
system will result in trafrlc volumes exceeding this limit between Locust Grove Road
and the fourth internal intersection. Front-on housing must be prohibited on the internal
residential collector roadway between Locust Grove Road and the fourth internal
intersection.
. The Franklin Road/Locust Grove Road intersection operates at an acceptable level of
service under ..existing" conditions. A traffic signal is not warranted at this time.
~ The Franklin Road/Locust Grove Road intersection is expected to operate at an
acceptable level of service under ..existing plus project" conditions. A traffic signal is
not warranted under uexisting plus project" conditions.
~ The site's traffic volumes justify the construction of a center turn lane (for southbound
traffic) on Locust Grov<;;Road at the main site driveway abutting the project site.
~ The site's traffic volumes do not justify the construction ofa northbound deceleration
lane (for northbound traJijjc) on Locust Gro~~ Road at fhe main site driveway abutting
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. Weatherby Drive is a north/south rig~lt-of-way that extends from Autumn Way in the Greenhill
Estates Subdivision to the subject site's n011h property line, approximately 650-feet west of the
eastern boundary of the site. The right-of-way has not been improved and the applicant is not
proposing to connect a public street to the unopened right-of-way. Staff is recommendin~ that
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the roadway be extended from Autumn Way to the subject site because it will enhance the site's
interconnectivity to neighboring parcels. The benefits to interconnectivity are as follows:
Reduces trips onto collectors and arterials. thus reducing congestion.
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Reduces total vehicle miles of travel thus, benefitting air Quality and conserving ener~.~
Increases circulation and safety for:
. pedestrians
. bicyclists
. public transit
. mail delivery
. carpools
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Aids emet:genc~ services.
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Incrft8.ses saf'et;}' entering Sf. exiting onto arterials providing' options based on driver
prefert!mce and convenience
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Potentiall~:
· Reduces total vehicle miles of travel, thus benefitting air quality and emissions.
· Provides future access to traffic signals.
· Provides the opportunity to avoid difficult left turns on more congested streets.
Turning left ontqfranklin Road or Eagle Road is difficult at this time and is
anticipated to worsen.
Staff recommends that the applicant be required to construct a stub street to the north property
line in alignment with Weatherby Drive. The street within the Woodbridge subdivision should
be constructed as a 37-foot street section with curbs gutters, and sidewalks within 50-feet of
right-of-way. From the nOl1h property line to Autumn Way, Weatherby Drive should be
constructed with 24-feet of pavement within the existing 50-feet of right-of-way. Note: The
District could reduce this street section to provide traffic calming between the-:two subdivisions.
When the connection is made as proposed by District staff there will be an added 100 VTD on
the streets within Greenhill Estates Subdivision. Staff have evaluated the traffic impact of the
proposed connection and have fOllnd that none of the existing public streets within the
Greenhill Estates Subdivision will exceed their planning threshold. The existing roads within
the subdivision will oP<1rate at acceptable levels of service A under "existing plus project"
conditions. The Franklin Road/Weatherby and Hickory Road intersections are expected to
operate at acceptable levels of service A under "existing plus project" conditions.
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At t:he November 17, 1999, Commission meeting, the Commission heard t~stimony from the
residents in the Greenhill Estates Subdivision who were concerned with the traffic impact that
the conditional use application would have on their development. Based on those concerns the
Commission elected to not extend Weatherby Drive from Autumn Way into the site as a
vehicular conne"ction. Instead, the Commission required the applicant to extend Weatherby
Drive as an emergency access/pedestrian pathway within 50-feet ofright-of-way. Bollards
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were to be installed at either end to prevent general vehicular use. The applicant should
coordinate the design of the emergency access with District staff.
F.
The entire project is one cul-de-sac. The applicaltlt should be required to limit the development
to 250 homes until such time as a second public street access is provided. The second public
street oennection can be either the Weatherby Street connection or the minor street connection
to Magic View Drive east of this site
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G. District policy requires the applicant to construct a minimum of a 5-foot wide concrete
sidewalk on Locust Grove Road abutting the parcel (approximately I ,325-feet) prior to District
approval of a final plat. The sidewalk should be located a minimum of",two feet within the new
right-of-way of Locust Grove Road. Coordinate the location and elevation of the sidewalk with
District staff. The applicant should provide an easement for any segment of sidewalk located
outside the public right-of-way.
H. Also, at the November 17. 1999 Commission meetin& the applicant requested a variance from
District policy requiring a concrete sidewalk alon~ LOcust Grove Road abutting the projec't
The Commission granted this request and al10wed the developer to construct an 8-f(4)t wide
(minimum) asphalt pathway along Locust Grove Road abuuing the parcel. The Commission
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specified the asphalt pathway was allowed provided the homeowners association of this
development is required to provide perpetual maintenance on the asphalt pathway.
I.
Any proposed landscape islands/medians within the public right-of-way dedicated by this plat
should be owned and maintained by a homeowners association. Notes of this should be
required on the final plat. .
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Unless otherwise approved, the applicant should be required to construct al1 public roads within
the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks
within 50-feet ofright-of-way. The District accepts local residential public roads with a 29-foot
stteet section with parking prohibited on one side, if the daily volume of traffic on the street
does not exceed 1,000VTD. The applicant may construct a reduced street section of 29-feet for
any segment ofroadway having fewer than 1,000 vehicle trips.
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The applicant is proposing a tumaround at the southem tenninus orthe roadway at the third
intemal intersection. The tumaround should be constructed to provide a minimum tuming
radius of 45-feet. The applicant should also be required to provide a minimum of a 21-foot
street section on either side of any center islands within the fllmarounds. The medians should be
constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Dedicate
54-feet ofright"'of-way plus the additional width of the median. The applicant will be required
to provide the written approval, for the design of the tumaround, from the emergency fire
service for t'he area where the development is located.
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L. The applicant is proposing to locate the main project entrance off Locust Grove Road
approximately 700-feet north of the south property line. The location of the main project
entrance meets District policy. The median within the main project enhance off Locust Road
should be designed with two 21- foot street sections (as measured from back of curb to back of
curb) on eirher side of the center median and the median should be constructed a minimum of
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4-feet wide to total a IOO-square foot area. The applicant will be required to dedicate 54-feet of
right-of-way plus the additional width of the median.-
M.
At the November 17, 1999 Commission meeting, the applicany-equested that the Commission
approve an 8-fbot wide asphalt pathway on one side of the main east/west road from Locust
Grove Road to the fourth internal street intersection in lieu of the required concrete sidewalk or
pathway. The sidewalk requirement would be deleted from the other side of the roadway. The
Commission granted the applicant's request provided there was the establishment of a
homeowners association that would maintain the pathway in perpetuity, and the applicant
provided pedestrian crossings at all four of the internal intersections east of Locust Grove Road.
Coordinate the design of the pedestrian pathway and the design of the pedestrian crossings at
the intersecrions with District starr.
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The applicant is proposing a stub street to the south property line, located approximately 100-
feet west of the east propel1y line. The applicant is also proposing to extend the street south
and east through Lot 14, Block 2, of';Locust View Heights Subpivision. The street shoulQ be,t;
further extended to the subdivision to the east as the lots east of the site redevelop. The
applicant should ~ required to construct the roadway as a 36-foot street section within 50-feet
of right-of-way from the site's south property line to the east property line of Lot 14, Block 2,
of Locust View Heights Subdivision. This will require the applicant to ;cquire the right-of-way
from the property owner of that lot. I f right-of-way acquisition is not possible from the
prop~rty owner to the south, than the applicant should be required to coordinate the location of
an alternate location for a stub street to this site's east property line.
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The applicant is proposing four intersections off the main east/west road with medians within
the entrances. The medians within the entrances off the main entrance road should be designed
wilh two 21- foot street sections (as measured from back of curb to back of curb) on either side
of tile center median and the median should be constructed a minimum of 4-feet wide to total a
1 OO-square foot area. The applicant will be required to dedicate 54-feet ofrighf-of-way plus the
additional width of the median.
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In order to accommodate the left-tuming traffic from Locust Grove Road into the development,
.. ll1EJPl2.li~ne~I>>>1:!:I~B.elsq~~r~d to c~tr!::!ft.a. ~1~.tl\&11 lane on Locust~ro'We RoadJ'01::the.-=
main project/Locust Grove Road intersection. The tumlane should be constructed to provide a
minimum of IOO-feet of storage with shadow tapers for both the approach oand departure
directions. Coordinate the design of the tum lane with District staff.
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Based on the submitted traffic studY!:l the main east/west street segl~lent between Locust Grove
Road and the fourth intemal intersection should be designated as a residential collector street '0\
with no fron('-on housing, because the anticipated traffiic volumes exceed 1,000 vehicle trips per
day. The access restrictions 'for this street segment should be stated on the final plat. District
policy requires that this street segment be constructed as a 36-foot street section with curb,
gutter and sidewalks. Unless otherwise noted, parking should be prohibited on this street
segment. <;oordinate the signage plan with District staff.
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District staff reviewed the potential for an east/west functionally c1assi fled collector roallway
from Locust Grove Road to Eagle Road, which would have been constructed through this site.
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The potential for a collector roadway was prompted by concems of APA and District staff and
studied in an attempt to alleviate traffic on Franklin Road and to aid the traffic operations at the
Franklin Road/Eagle Road intersection. A traffic study detennined that fewer than 1,000
regional vehicle trips would utilize a through roadway from Locust Grove Road to Eagle Road
through this site. The traffic study concluded a public street connection should be made
between this site and the parcel to the east via a local street and a functionally classified
collector roadway is not warranted. The residential collector and local streets proposed in the
subject subdivision, a1'1d the functionally classified collector in the Magic View Subdivision
will be adequate to accommodate the regional and the site related traffic.
R.
As required by District policy, restrictions on the widtl'h number and locations of driveways,
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may be placed on future development of this parcel.
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S. The existing transp0l1ation system will be adeqtlate to accommodate the additional traffic
generated by this proposed development with the requirements outlined within this report.
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The following Site Specific Requirements and Standard Requirements musl be met or provided
for prior to ACHD approval ofthe final plat:
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Site Specific Requirements:
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1.
Dedicate 48-feet of right-of-way from the centerline of Locust Grove 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 pennit (or other required pennits). whichever occurs first. Allow up to
30 business days to process the right-of-way dedication after receipt of all requested material.
The owner will be compensated for all right-of-way dedicated as an addition to existing right-
of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of
applica!ion to the impact fee administtator prior to breaking ground, in accordance with Section
15 of ACHD Ordinan~e #188.
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2. Extend Weatherby Drive from Autumn Way into the site as an emergency access/pedestrian
pathway within 50-feet of right-of-way. Bollards shall be installed at either end to prevent
general vehicular use. The applicant should coordinate the design of the emergency access with )I
District staff.
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Provide a stub street 'to the south propert~ line, located approximately I OO-feet west of the east
proper'!:y line. Extend the street south and east through Lot 14, Block 2, of Locust View
Heights Subdivision. Construct the roadway as a 36-foot street section with curbs, gutters, and
sidewalks within 50-feet of right-of-way from the site's south propel1y line to the east propel1y
line of Lot 14, Block 2, of Locust View Heights Subdivision. If right-of-way acquisition is not
possible from the property owner to the south, the applicant shall be required fo coordinate with
District staff the location of an aItelllate location for a stub streefi~to this site's east property line.
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4. The applicant shall be limited to 250 homes until such time as rtJsecond public street access is
provided.
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Construct or bond for an 8-foot wide (minimum) pathway along Locust Grove Road abutting
the parcel (approximately 1,32'S-feet). The pathway may be constructed of asphaltic concrete,
if the homeowners association for this development is required to provide perpetual
maintenance for the asphalt pathway. Coordinate the location and elevation ofthllt sidewalk
with District staff.
"
. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat
shall be owned and maintained by a homeowners association. Notes of this should be required
on the final plat.
~ Unless otherwise approved, the applicant shall be required to construct all public roads within
the subdivision as 36-foot street sections (as measured from back of curb to back of curb) with
curb, gutter, and 5-foot wide concrete sidewalks 'iithin 50-feet of right-of-way (see Fact and
~; Finding J). .
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9.
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In lieu of constructing sidewalks on both sides of the main east/west road from Locust Grove
~)
Road to the fourth internal intersection, the applicant may construct an 8-foot wide (minimum)
asphalt pathway on one si~ of the TOad only. Provide pedestrian CTOSS walks at all four internal
intersections of the main east/west road. The asphalt pathway shall be Qwned and perpetually
maintained by a homeowners association if it is constructed of asphaltic concrete paving.
Coordinate the design of the pedestrian pathway and crosswalks with Districf'staff.
(r.;,
The main east/west street segment between Locust Grove Road and the fourth illtemal
intersection shall be designated as a residential collector street with no front-on housing.
Access restrictions for this street segment shall be stated on the final plat. District policy
requires that this street segment be constructed as a 37-foot street section with curb, gutter and
5-foot wide concrete sidewalks, however, the ACHD Commission granted a waiver for the
concrete sidewalks along this street and allowed the developer to construct an 8-foot wide
(minimum) asphalt pathway along :this segment of the residential collector. Unless otherwise
noted, parking shall be prohibited on this street segment. Coordinate the signage plan with
District staff.
10.
Construct a tumaround aelhe sou111em tenninus of the roadway at the third intemal intersection.
The fumaround shall be constructed to provide a minimum outside Willing radius of 45-feet.
The applicant"shall also be required to provide a minimum of a 21-foot street section (as
measured from back of curb to back of curb) on either side or any center islands within the
tumaround. The median shall be constructed a minimum of 4-feet wide to total a minimum of a
100-square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median.
Provide written approval of the design of the tlllllaround from the emergency fire service for the
area where the development is located.
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11.
Locate the main project entrance off Locust Gro,'e Road approximately 700-feet n011h o~the
south property line. The street section on eit=her side of shall be designed with a minimum of
two 21-foot street sections (as measured from back of curb to back of curb) on either side of the
center median and the median shall be constructed a minimum of 4-feet ~ide t'O total a 100-
square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the
additional width of'the median.
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12. The reur intersections off the main east/west road shall be designed with two 21-foot street
sections (as measured from back of curb to back of curb) on either side of center medians and
the medians shall be constructed a minimum of 4-feet wide to total a I OO-square foot area. The
applicant will be required to dedicate 54-feet of right-of-way plus the additional width o'the
median.
13. Construct a center turn lane on Locust Grove Road for the main project/Locust Grove Road
intersection. The turn lane shall be constructed to provide a minimum of 100-feet of storage
with shadow tapers for both the approach and departure directions. Coordinate the de~gn of
the turn lane with District staff. '"
14. As required by District policy, restrictions on the ~~dth, number and locations of driveways,
may be placed on future development of this parcel.
15. Other than main project entrance off Locust Grove Road\?,,,,specifically approved with this ~(
application, direct lot or parcel access to Locust Grove Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final plat.
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Standard Requirements:
1.
A request for modification, variance or waiver of any requirement or policy outlined herein
shall be made in writing to the ACHD Planning and Development Supervisor. The request
shall specifically identify each requirement to be reconsidered and include a written explanation
ofwh..y 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 d~ scheduled for
ACHD Commission action Those items shall be rescheduled for discussion with the
Commission on the next available meeting agenda.
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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'l: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 AGHD Commission action, any request for reconsideration of the Commission's action
shall be made in writing to the Planning and Development Supervisor within six days of the
action and shall include a minimum fee of $110.00. The reG:J-lest for reconsideration sha.1I
specifically identif.x each requirement to be reconsidered and include written doculllentition of
datf;1 that 'ViS not aViJilable 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. Ifithe 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.
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Payment ofiapplicable road impact fees are required prior to building construction in
accordance with Ordinance #188, also known as Ada Ccunty Highway District Road Impact
Fee Ordinance. ·
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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 AGHD Ordinances unless specifically waived herein. An
engineer regisfered in thc State of Idaho shall prepare and certify all improvement plans.
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Is The applicant shall submit revised plans for staff approval, prior to issuance of building pemlit
(or other required pennits), which incorporates any required~design changes.
L Construction, use and property develgpment shall be in COnf0l111anCe with all applicable
requirements of the Ada County High~ay District prior to District approval for occupancy.
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It is the responsibility of the applicant to verify all existing utilities within the right-of-way.
Existing utilitie~damaged by the applicant shall be repaired by the applicant at no cost to
ACHD. The appli~ant shall be rcquircd to call DIGLlNE (1-800-342-1585) at least two full
business days p_riorJo breaking ground within ACHO right-of-way. The applicant shall contact
ACHD Traffic Operations 387-6]90 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
.
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No change in the tenns and conditions of this approval shall be valid u'nless 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 conftmlation o~any change from the Ada County Highway District.
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9.
Any change by the applicant in the planned use of the property which is the subject of this
application, sha'fI 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 tIle Highway District ofit~ 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 t~me the change in use is sought
Conclusion of Law:
I.
ACHD 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. .,
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Should you have any questions or comments, please contact the Planning and Development
Division at 387-6170. '<!'.\
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Submitted by'
Date of Commission Action:
Steve Amold
No\"cmher 17. 1999
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Woodbridge - Phase II
- City of Meridian Pre-Application Meeting Notes
Attendees
Bruce Freckleton - City of Meridian PW
Brad Hawkins Clark - City of Meridian P&Z
Shari Stiles - City of Meridian P&Z
Gene Smith - Engineering NorthWest
Jim Conger - Conger Management Group
Scott Beecham - O'Neill Enterprises
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Planninl and Zoning
· Density - Brad acknowledged that conceptual plan was within allowable density for entire
community .
· Type D Homesites - Shari confIrmed that type D homesites were located adjacent to Greenhill
Estates.
· Open Space - Brad acknowledged that requirement for open space had been met assuming rough
calculations of common area on concept plan were correct.
· Emer6!;encl Vehicle Access - Brad reviewed requirements for E.V.A. (1. All weather surface drive
by the 100 occupancy permit; 2. Fully developed E.V.A. by 166th occupancy permit, fmal desi!11
of which is to be determined by City of Meridian (Fire), ACHD, and OEI). Staff and applicant are
in agreement with requirements.
· Secondary Access - Shari indicated that the location would have to be identifIed and secured
recorded easement or purchase) prior to submittal of Final Plat. Scott disagreed with securing off-
site access per the condition of approval, stating that it was our intent to secure the property but
not wanting to be required to do so in case the language/deal had not been fmalized. Shari
indicated that the City could place that requirement on the preliminary plat of phase II even though
the CUP and DA did not require it. Scott pointed out that ACHD has stated that they would
require future development of the Magic View properties to connect to Woodbridge when they
redevelop and therefore OEI should not need to secure. Scott also pointed out that not securin~ the
property would be a risk due to the requirement of the City that the connection be functional prior
to the issuance of the 200th building permit. No conclusion was reached on this point.
· Five Mile Creek Pathway - Shari and Scott agreed that a pathway along Five Mile Creek would be
included as a part of Phase II. Scott indicated that the pathway would be designed to maintain
access to the City's sewer line and manholes.
· Floodplain - Shari pointed out that the zoning ordinance was in the process of being changed but
that until it is, a CUP will be required for every structure that is built in the floodplain. Jim Conger
raised the point that a CUP had not been required for any of the structures in Phase I of
Woodbridge, to which Shari indicated that they had overlooked the requirement. Shari indicated
that the Staff did not agree with the ordinance, but that it would need to be changed prior to
obtaining building permits.
· Conditional Use Permit modifIcations - Shari suggested that O'Neill Enterprises could process a
CUP modifIcation along with the preliminary plat in order to change the floodplain requirements,
as well as other issues that surfaced in Phase I (i.e. architectural projections, minimum building
square footage, etc.).
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Public Works
· Utility extensions - Bruce stated that utilities would be required to be extended "to and throu~h"
the development with stubs built to the property line at the EVA as well as the secondary access.
· High Pressure Zone - Bruce indicated that Woodbridge would be required to make the off-site
connection to the high-pressure zone if Phase II does not meet the minimum pressure requirement.
Scott indicated that the agreement that had been reached was that the City of Meridian would be
responsible for bringing the high-pressure line to Woodbridge since Woodbridge provided the
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pressure reducing valve and vault in Phase I prior to it being needed. Brad suggested that the City II
may be able to participate with funding. Bruce concluded that the City would have to revisit the
situation after running the hydrologic computer model for Phase II.
· Sewer Profiles - Bruce indicated that preliminary sewer profiles would not be needed given the
location of the Five Mile Trunk on the property.
· Floodplain - Bruce indicated that the City of Meridian did not obtain a Letter of Map Revision
after completin8 the sewer work along Five Mile Creek. One will likely be required in order to
obtain building permits for homesites backing onto Five Mile Creek.
· Drainage - Bruce indicated that a preliminary drainage master plan will be required at the
Preliminary Plat level. Bruce and Brad both acknowledged that storm drainage would be
retained/detained in the common area.
· Pressurized Irrigation - Bruce indicated that a preliminary master irrigation plan would be
required for the preliminary plat and that an acceptance of the system would be required prior to
signature of the fmal plat. Bruce noted that NMID is taking a long time to "accept" systems and
recommended that we go to work on that as quickly as possible.
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M'hen Recorded Please Return to
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L. Edward Miller
Givens Pursley LLP
Suite 200, Park Place
277 North Sixth Street
P.O. Box 2720
Boise, Idaho 83701
".
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KUt-' ~U.ru f f Ht v KU
,i,J),WlD ijAVARRO
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F;ECORD~~Wb~Tt-~
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FEE-L-:--OEPUTV.
100001091
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GRANT DEED
FOR VALUE RECEIVED, James F. Griffin, a single man, the GRANTOR, does hereby
GRANT, BARGAIN, SELL and CONVEY unto Woodbridge CpQlmunity LLC, an Idaho limited
liability company, whose address is 100 North 9th Street, Suite~ 300, Boise, Idaho 83702, the
GRANTEE, the real property in Ada County, State of Idaho, more particularly described as follows:
The South Half of the ~orthwest Quarter of Section 17 , Township 3 North, Range
1 East, Boise Meridian, Ada County, Idaho. ',' ;,
Excepting therefrom the right-of-way for Locust Grove Road.
Grantor hereby covenants to and with Grantee and Grantee's heirs, successors and
assigns, that Grantor is lawfully seized in fee simple of the above granted premises, subject only
to the matters described on Exhibit A, attached h'ereto an~ made a part hereof.
TO HAVE AND TO HOLD the said premises with their appurtenances, if existing, including
but not limited to, 1) all water and water rights and all other entitlements to receive water for
beneficial use upon the property including, without limitation, all rights represented by any decree,
license, permit, claim, permit application or storage entitlement; 2) all ditch or canal company
shares and/or entitlement to receive water from any such company, association, irrigation district
or other water delivery entity; and 3) all ditch rights, easements or rights-of-way associated with
any irrigation or other water delivery ditch, canal, lateral or pipeline, unto the Grantee, and
Grantee's heirs and assigns forever. And the said Grantor hereby binds himself and his
successors to warrant and defend the title as against all acts of the Grantor herein and no other,
subject to the matters set forth herein.
Dated effective the 4th day of January, 2000.
.
GRANT DEED - 1
S:\CLIENTS\5267\2\grant deed - final.wpd
"GRANTOR"
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(James F. G~ ~.
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STATE OF IDAHO
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County of Ada
On this 4th day of January, 2000, before me, a Notary Public in and for the State of Idaho,
personally appeared James F. Griffin, known or identified to me to be the person whose name is
subscribed to the within instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
;;
Notary Public for /D41{O
Residing at ""&Ii..~
My commission expires:
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GRANT DEED - 2
S:\CLI~TS\5267\2\grant deed - final. wpd
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08/15/01 WED 10:17 FAX 208~300
'!;I ~I
RUG 15 2000 9:08AM LEONARD HEl RT WOODBRIDGE
GIVENS PURSLEY
20=88 0!520
111001
p.2
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AFFIDAVIT
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STATE OF IDAHO )
) SS.
County of Ada }
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DeRek O'NeI, 168 Narth 9th Street. Suite 200, Boise:, Idaho, being first duly
.worn ..on oath, deposes and says; .
That I am a manager and president of O'Neill Enterprises LLC, which ia
1he manager of Woodbridge Cornnunity LLC, applicant on the foregoing
Prelimnary Plat Application ("Applicationj.
2. I have read the contents of the Application and verify that the information
contained therein is true and correct.
1.
I!I}'~
3. I verify that the property r'8ferenced in the Application will be posted one
(1) weSc prior to th. hearing indicaling that a Preliminary Plat has been
applied for, aDd giving the time and date of the hearing.
t.1
Dated this 1'5'f'H d.y of August, 2001.
.
Woodbridge Community LLC. an Idaho limited liability company
By: O'Neill Enterprises LLC. an
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Derick O'Neil, Manager
Idaho limil'ed liability
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SUBSCRIBED AND SWORN to before me the day and year first above written.
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No~~ ublic ~~o
Resithng at; v../
My CommiSJron Expire,.: f./I-J'I-.a~
AnlDIIVIT - 1
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'~-! 'TICLI;S OF ORGANIZAT'
LIMITEd LIABILITY COMPANY
To the Secre'*l)f of Slete of Idaho
Carporetion. Division
7CIJ West JetMrson Room 203
P.O. Box B3720 . BDisW1ID 83720-0080
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1. The name of the limited liability company is:
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, 2. The address of the initial re@istered office is (ndIll1O ~ :
its 200
iglWi.. ID 83702
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*"d the name of the initial registere : :
; , agent at that address is:
Signature of registered EJgent:
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i i 3. Is management of the limited liability campan~ vested in a manaier or manag:ers7
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o No. (cMIIc ...~ bIIx)
!l ,4. If management is vesteQ in one or more mlnager(s), fist the name(s) and address(es) of at
least ore initial manager." If management is vesteL1 in th#" members, list the name(s) and
address(es) of at least one initial member_
Name:
Address:
O'Neill Enterprises. Inc.
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. 5. Si~natUfe of at least one person listed in #4
, I above:
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Secretary of State U~ only
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Q'N~i11 E.nterprises, Inc:
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Bv: Peter S. Q'Nei11. President
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88/27/199~ 8~=.~
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1 8 ell.:. a. EXPDITE C I J
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2TDec 2000 - UNKNOWN ~ER (ADD MANAGER, DELETE ~AGER)) (1 of 1)
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ARTICLES OF AM6NQMENT TO) RTIf;LES QF
ORGANIZA TION LIMITED LIAB/il ;Y COMPANY
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(lnstructioPls on back of applicatiOn):~
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1. The name of the limited liability company is: Woo~ridge Community LLC
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2. The date the articles of organization were filed wasJ Auqus t 26, 1999
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COMP~T~ Qt-.U,.,y TH~APPLICABLE ITEMS I
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3. The name of the limited liability company is amen~d to read:
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The latest date certain upon which the limited Iiabil~y company will dissolve is ;And~o
read:
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Boise, 10
83702
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7. Signature of at least one manager, if any, or at lea:t one member.
O'Neill Enterprises LLC,
an Id!ho limited liability
company m-
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Manager
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Derick O'Neill
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Engjneeri~g ~orth West, Ltc
10221 ~st Emerald, Suite 140 Bois'e, Idaho 83704
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(208) 376-5lB> . Fax '(208) 376-5556
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!':I Project No. 01-0~.4-01
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Date: 07-27-2001
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SNORTING JJ6LL SUBDIVISION j)mSE t
PRELIMINARY PLAT DESCRIP'RON r.
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A parcel ofland loc~ted in the S~ 1/4 of the NW 1/4 of Section 17, T. 3 N., R. 1 E.,
B.M., Meridian, Ada County, Idaho, more particularly described as follows:
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Commetlcing at the 1/4 section comer common to Sections 17 and 18 of said T. 3 N.,
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Thence North 0000'00" East on the section line common to said Sections 17 and 18,
1329.23 feet to the North 1/16th section comer common to said Sections 17 and 18;
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Thefl(~e North 89030'51" East ort'the northerly bq~dary of the S'31/2 of the NW 1/4 of ~~
said Section 17, 1350.25 feet to the northeast comer of~horting Bull Subdivision - Phase 1, sai4.
point being the REAL eOINT"OF BEGINNING; . '"
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II Thence continuing North 89030'51" East on the northerly boundary of said S 1/2 of the
NW 1/4, 1:i98.06 feet to the center-north 1/16th section comer of said Section-I7;
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Thence South 0007'39" East on the north-south center section line ofsaid;-8ectiOIi 17,
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1328.47 feet to the center 1/4 com6l' of said Section 17; ·
Thence South 89029'53" West on'ilie ~ast-west mid-section line 0/ said Section 17,
385.25 feet to a point on the easterly edge of an existing 20 foot wide sewer easement. as;
described in instrument number 95033~14 of Ada County Records, said point also being the\.
," .. sout!telst comer of said S~orting Bull Subdivision - Phase 1;
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Thence on the easterl'S' edge of said eXisting sewer easement an4,on the easterly boundarf
of said Snorting Bull Subdivision - Phase 1 the following courses and distances; ;.
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North 53017'37" West, 346.82 feet;
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ThenceNorth 42033'23" West, 358:44 feet;
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Thence North 9057'09" W~t, 304.49 feet;
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MERIDIAN 10 13642-6224
'MECHAM BRYANNIl.
2159 AUTUMN "A Y
MElW)JAN m 13642-6224
REEVE CHRISTOPHBR S
227S E AUl'UMN WA.Y
MER.lDLUl ID I3M2~232
IS)OONCAN DANIEL W
2325 AtmIMN WAY
Mp.RlDIAN ID 1364U233
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'MBRlDlAN 10 136I2-<i233
1:f)CKRISTIAN JERRY Del
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MERIDIAN ID .3642.,6225
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BOIS!! ID 8102-??oo
EW~OR
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496 S TlBURON AVE
'5425 TlBURON AVE
19$9 B BOLLMAN Sf
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667S CROSSTlMBf.R AVE
6J6 SCROSSTIMBEll AVE
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717 S CROSSTJMBmlA VB
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719 S CROSS'I1MB2R AVE
1922 E DOWSTJUNG ST
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2510 tfAOIC VIEW em
MERIQli\N Jl) .36'4206242
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:MBlUDIAN ID 83642-6201
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8653 W. Hl!l:kamdFe Drive. Boiijl. Idatlo 83711.3
208 376-821> / Fax 208 376-8201
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Mr. Barry Semple
Toothman-Orton Engineers, Inc.
9777 Chinden Blvd.
Boise, Idaho 83714
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February 7, 2000
File: T00001-B990054-1
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RE:
Supplemental Geotechnical Evaluation
Woodbridge Subdivision~
Griffin Property '.~
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Dear Barry:
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Strata has completed our supplemental .geotechnical evaluation to address stormwater
infiltration and foundation criteria for the proposed bridge over 5 Mile Creek for the Woodbridge
Subdivision property. I~To accomplish our work, we observed the e~1tvation of seven a4ditional
test pits as shown on the attached site plan. Five test pits were excavated in the locatio~~ of the
proposed north and south stormwater seepage beds. Two test pits were excavated in the vicinity
of the proposed bridge over 5 Mile Creek. In addition to addressing infiltration for stormwater
disposal and foundation criteria fo~ the proposed bridie, we q.btained surficial ..samples of
subgrade soils for the purpos~s of future R-value testiIl8 for pavement':;;)i:iesign. "The. followins
paragraphs describe our work and"geotechnical opinions and recommendations. (<
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Field Exploration .nd TeStinx
.
On January 20 and 28, 2000, Strata observed the excavation of seven test pits at the ~,
proj eci" site. The test pits are numbered)O through 15 and 4A. Test Pit 4A was excavated to
replace the groundwater observation well that was .destroyed in the original TeS1 Pit 4. 'fie
location of the' test pits are shown on B:lafe 2. The> logs of the ,tpst pits !re presented in the
Appendii to this report. Percolation infiltration tests were accomplished at lest Pits 3, 10, 11,
14 and 15. The purpose of the infiltration tests were to determine the rate of"water infiltration in
orde~ to accomplish stormwatet; disposal design.";. ~! ,.
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Subju~cl Conditions
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The stormwater infiltration basins were underlain by surficial, sandy clay and cemented,
silty sand and sand to a depth" of approximately 8 to 11 ~et below the existing':ground surface.
Gravel with sand and cobbles was encounte~d beneath the uIllPer soils with uncemented sand
and gavel bqing encountered at depths of 8 to 11. 5 f-6e~ belowE,the -existing ground surface. '~
However, in. the areas of the north seepage area, the gradation of the &ravel was such that there
were large cobbles with a fine sand matrix that was very dense, which did not allow significant
percolation into this deposit in this area. In the south detention area, the gravel deposit was well-
graded and consisted of gravel, coarse to tine sand and cobbles that provided a more open-gtaded
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deposit. In the.. area of the proposed bridge over 5 Mile Creek, the subsurface conditions
consisted of silty sand and sandy clay overlying silty gravel and sand with depth. The upper silt
and clayey sand was approximately 2.5 feet thick beneath",the invert of 5 Mile Creek. We
encountered silty gravel with sand and cobbles that was ~n a meQium dense to dense conditiQn.
The gravel appeared to terminate at a depth of ~out 5 feet on the w~st side of the creek with
sand underlying the area to a depth of gre{lter than 14 feet. The sand appeared to be in a medium
dense to dense condition with occasionai:~ravel. Grounl!!1water was encountered at a depth of
approximately 3 feet below the existing ground surface which corresponded with the wa~er level
in 5 Mile Creek. We anticipate that the depth to groundwater may vary with changes in tile flow
level in the creek.
OPINIONS AND RECOMMENDATIONS
~
Stormramr Infiltration
0; Based on the intiltrati~n tests accomplished in the test pits at the proposed north and
south stormwater detention areas, it is our opinion that the infi.1tration rate in the north pond ~
appears to be relatively slow (30 to 40 minutes per inch) due to the presence of very dens~ fine
sand matrix which was encountered within the it,avel and cobble deposit. However, the
infiltration rate for the proposed south detention b'isin was measured to be approximately 1
minute per inch which is consisteqt with open-graded gravel with sand and cobbles. We
recommend a percolation rate of 3 mInutes per inch (20 inches per hour) be used for siormwater
infiltration into the proposed south detention basin. T1!e proposed seepage area should be
eKcavated into the clean, uncemented gravel whose depths are desijnated on the Site Plan and
shown on the Test Pit logs in the Appendix t,? this letter report.
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Bridge FoqpdatioDS
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We understand that a proposed stiff-legged concrete bridge is planned to be constructed
over 5 Mile Creek near the locations of Test Pits 4A and 1~ as shown on the attached Site Plan.
We recoqunend that conventional shallow foundations be coqstructed on the medium dense to
dense siltY gravel or "&and with gravel encountered near the invert of 5 Mile Creek. Based on the >J
subsurface conditi.ons encountered at that location, we anticipate that dewatering, 'Wil~ b.
necessary to constrUct shallow foundations for the bridge abutments. We anticipate conventional
gravel 9Umps and pumps to be used to dewater the excavation. It will be necessary to maintain
the groundwater level to a minimum sf 1 foot below the proposed foundation IC!vel prior to
constructing the abutment footings. We r~ommend the following design criteria be used to
construct the foundations, abutment walls and adjoiniIl8.wing walls: ~
1. J\n allowable bearing value of 3,000 p8bnds per square foot (pst) can be usGd for
foundations bearing on the native, me...dium dense to dense, silty gravel, sand with
gravel or structural fill placed over the native soil. I FootiI1g$ should be- foundeq. a
minimum of 30 inches below final grade or the creek invert and should be locat<<i
beneath the anticipated scour zone. ~""
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~ GI!OTECHNICAL eMIIlNI!ERIPIG l MATERIALS ,EMING
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File: TOOOO 1-8990054-1
P,*3
2. A sliding resistsce of 0.5 can be used for foundations bearing on the silty &ravel
and/or sanfi.
3. An at-rest lateral earth 'pressure of 55 pounds per cubic foot (pct) can be"used for
restrained abutment walfs. '" I
~~ II, ;, 4. A I'ateral active pressure of 40 pcf equivalent fluid pressure could be used for wing
walls which are non-~strained.
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5. A passive equivalent fluid pressure of 250 pcf could be used for the native, silty
Bravel and sand based on a lateral movement of approximately one-quarter inch.
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6. The above lateral earth pressures assume that drained conditions will be maintained
for the life of the structure and that free-draining 4-inch-minus sand and gravel
backfill with less thll9- 10% passing the No. 200 sieve will be used for backfill behind
all abutment and retaining walls. We also recommend !hat weep holes and djainage
;~. be provided through or around retaining walls to alleviate hydrostatic pressu~
buildup. II
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The on-site sand and gravel excavated from detention basin areas could be reused as
backfill material adjacent to the abutment and wing walls provided the material meets the criteria
specified above. We understan,? that grading plans are beiIlf finali~ed and the subgrade I:
elevations for pavements will be determined in the near future. At that time we will perform R-
value tests to assist you in the desi.gn of pavements for the proposed subdivision.
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We appreciat~ the opportunity to continue to assist you on this project. If you have any
questions, please call. ~. (.:1
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Sincerely,
STRATA, INC.
ClJ:~~
Daniel P. Gado, P .E.
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APPROX~
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DEPTH T
DEPTH T
400
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FiIe':""'T00001-B99a0S4-1
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II
APPENDIX
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II
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r.
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;1
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en
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w
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oC
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I
: j
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.)
,.
~ DEPTH SOn.
~ ~ aASS
. .:--~
!~ I
," 0.0 - 1.5 SM
1.5 - 2.5 SM
,
I
, I
'.
2.5 - 5.0 GM
,
~
", ':0
5.0 -14.0 SP/SM
~'! ~
..
"
i!'
n
:;:
'{~"
'.","",~-
~'~
"'~ ~
.
. -
..
:.
~PLORATORY TEST PIT # 4A
r""
Woodbridge Subdivision
File: TOOOOI-B990054-1
:::
"'
son.
DESCRIPTION
, ~~~~)f~'~::'="I"
~- -~~!r,,__ -L~L~~".A:.~",,,_Al: __~'
Silty SAND - dark brown, loose to medium dense and moist.
',".J.:
I
Silty SAND - tan, medium dense, slightly moist and weakly to
'I
moderately cemented from 1.8 to 2.5 feet.
Silty GRAVEL with saq,p and cobbles - brown, dense and moist to
" .. ~ ~ ~
saturated with cobbles to 10 inches maximum size. At 3.0 feet, dry ~ '
de~sity = 120.4 pcf and moistur~ contetlt = 14.2%. Water seeps at i
3.5 feet. :"1' "
Poorly-graded SAND witlF silt/silty SAND - tan and medium dense to "
dense. Silty lenses, some very dense. Became looser between 9.0 to
11.0 feet then dense again. At 5.5 feet, dry density = 109.8 pcf and
moisture content = 15.5%.
, I
Note: Well installed to 14.0 feet below the existing,ground sUIface.
""
li;;~
€'
, ~
.,
~
"W"):f:-~"-':'''~~~'--'~~-,r''^ ~:'f~~eiR:,_u.'~ ~:;"'"A-:iiI4'
:0:;.:
f -~---~~WT.-jjr~-='~~
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.
,~ ,
"
Excavated on January 20; 2000.
GrouTkiwater encountered at 1.8 feet below the existing ground surface.
Test pit termiTMlted at 14.0 feet below the existing ground surface.
No samples talten.
Excavation Equipment: CASE 580 Backhoe
Logged by: CAK/jh
~
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.
'.
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~
EXPLORATORY TEST PIT # 10~
~:
~J?"
~:
Woodbridge Subdivision-
File: TOOOOI-:'B990054-1
"I
\'
.. DEPTH SOn.. SOn..
~: ~*~~~r~P~~'M"~_"
..:;~
'"
:,-~~~
~~
"
"W~_'''~ ~! ,I
: 1
0.0-0.7
Sandy <;LA Y (Topsoil) - brown, soft and; moist Y with roots
throughout.
;~
CL
:l
0.1- 1.5
r
: I
II 1.5 - 7.0
if
7.0 - 11.0
\ j
\ ..
11.0 - 12.0
Poorly..graded ORA VEL with sand and cobble~ - tan, dens61 and
moist with cobbles to 6 inches maximum size. Clean sand. ;;;
CL
Sandy '~A Y - light brown, hard and slightly moist. Becomes weakly
~cemented toward bottom.
:t'!:;:
SMIML
Silty S~/sandy SILT - tan, dense, dry to slightly moist an<t
moderately to strongly cemented. Becemes sandy at 6.5 feet.
,.
'1',
r.'
SM/SP
~ i ~
Poorly.,..!faded SAND with gravel and silt/silty SAND with gravel -
tan, dense and moist with white covered sravel. Clean sand and
I
gravel layers from 8.5 to 9.5 feet then interbedded with weakly to
moderately cemented silty sand and llfavel. ,.
GP
;)
II
Note: Infiltration rate at 12.0 feet was 1 minute per inch.
i '
'1
I'
1'1 .~.
,,~lit~i!if =
, , -, -~,~
J
;!
.....
l:;
:L*:'
~
'J1!1lM{CL .. ~~^_,:r-A__..,Xl , ~'
."
!j
---
:'ti$:
~
Excavated on January 20, 2000.
No grou1Jdwater encountered.
Test pit terminated at 12.0 feet below the existing ground surface.
Bulk sample taken at 11.5 feet. ,...~
Excavation Equipment: CASE 580 11.ackhoe
Logged by: CAKJjh '
..,
,.
;;::
'"
~~ :
$TRe.TQ~
~ <ili!JTl!cHNICAL! I!NGINQAIIIt3 ~ MATf!lWM:S'lWtrING
..
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en
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00
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000
LU
lie
o
LU
...J
u:
Excavated on JanuarY 20, 2000.
No groulidwater encountered "
Test pit terminated at 14.8 feet below the existing grounctsurface.
No Samples talcen.
Excavation Equipment: CASE 580 Backhoe
!;
Logged by: CAK/jh
1\'
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... ,.
tI
;~"
~
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DEPTH
m~
SOIL
CLASS
"
r.'
. '"
",I
CL
0.0 - 0.6
'"
l;! .'
i
r
0.6-2.5
CL
2.5 -7.5 S~
7.5 - 11.5
GP/GM
~C<
11.5 -14.8
GP
l!
, i
),i__~~~_~:& -:--M"
, ~
. .~ ::;.oi.:
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,- ,
_ LJ:rr:..o..
,-
,~
EXPLORAJ:ORY TEST PIT # 11
!f'
.
~ I
I
I :
~
Woodbridge Subdivision
File: T00001-B990054-1
I
"I
",
~
I '
SOIL
DESCRIPTION
" 'ij'--'
,,~
~ i!'
iJ'f1:fl:' ~_~,~~- ~..,,::
~-~ -
i'
.'
~:Y"''':JL_~~:-_=__. )__-1"?t~
,.
:.i:
'"
Sandy CIAX (Topsoil) - brown, soft and moist with roots to 6
inches. .~ -,
I::
Sandy CLAY - brown, hard and sli8htly moist. Becomes weakly
cemented toward bottom. '. ,:
'"
,~
Silty SAND/sandy SIL T - tan, dense, dry to slightly moist and weakly
to strongly cemented. Became sandy at 7.0 feet with some cemented
gravel.
'.i
",
Poorly-.graded GRAVEL. with sand, silt and cobbles - reddish-brown,
dense, moist and moderately cemented.
I
:6; ! '
1(l
'1
"
Poorly-:sraded GRAVEL with fine sand and cobbles - reddish-tan,
very dense and moist with cobbles to 10 inches maximum size.
Intermittent cementation, very dense, fine sand matrix. '"
'"
Note: Infiltration rate at 12.0 ~d 14.5 feet was about 30 to 40
minutes per inch. 'i;
,~,U;'~~".. ~~'!%J~=r=-!!l~':~
"
:';
)I
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~s
~
-
I
fit
ilIo..
I
Q
D
~TeCH"OAL IIlGINURING ~ MIl~IA...s "fi'rNClII
,-=-
DI 4.,..
1':\
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w
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en ~
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0
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a: CD
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w
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CDO
ExctMlted on January 20, 2aOO~
.
No groundwater encountered
Test pit terminated at 11.0 feet be/ow the existing ground suifac~.
No Samples taken. ' ,
Excavation Equipment: CASE 580 Backhoe
Logged by: CApj!'
Wi)
'~
DEPTH
~
,.. , , ,
0.0.. 2.0
2.0 - 5.5
5.~ -8.0
8.0 - 11.0
"
e.
~~
... --
· ~d!- idi
..LiIi.' "" ~
-~~ ",- .,
'" ~'
..; ~",.;
'II..'\;.
=
EXPLORATORY TEST PIT #,12
O,!
Woodbridge Subdivision
File: TOOOOI-B990054-1
..,
.
son..
CLASS
son..
DESCRIPTION , " "~ iiiBi
.' ~lW~,__, -_ _.:.~:;,.:. ~~-'-'1'V^-N-~~L _ ,=~~, ~
~ 'U!
CLAY (Topsoil) - brown,. hard and slightly moist.
,~,L_~
CL
;r.:.ofj
SM
Silty ~AJ'ID - tan, dense and moderately to strongly cemented. At
4.8 feet, layered with some~avel to 3 inches maximum size.
:?o:
GP/GM Poorly-graded ORA VEL with sand and cobbles - tan, dense, moist
~ and UIoderately -cemented with cobbles to 7 inches maximum siz~
(.)
I
GP/GM Poorly-graded QRA VEL with sand and cobbles - tan, dense and
moist. Appeared non-cemented with cobbles to 10 inches maximum
size. Very dens;e, fine sand matrix. .,
0"\
~!!:1
~
:.;x
:>1
~ '" _ ~ '-- ~~: ~1~:;1w2=J2:"'~!~:r -'-~l!-~"~lIt; ~~~_~)
-!!;~~ , -- ',,", >---" -,- , '" - ,.
:;:
",/
~
.
''-
.:-
~
~
Gio"TiCHI4lCAL !HGINIIRING ;I MATtiIALi~'fnNO
II
...
I
--
I
R
a
a
l\~
.1
:i PLATW
jl
'fl'
'"' ~I
~
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'.Ii:
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UJ
<
0
(f)
z
0
U5
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UJ
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UJ
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UJ .
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:~
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ll'
'"
EXPLORA TORY TEST PIT # 13
ja;I.
~1
Woodbridge Subdivision
Fife: TOOOO 1-B990054-1
II
I '
I
l
I
'"
~i.
DEPTH
~etJ
son. SOn.
CLASS , DES1~'~~~_~
..
"
,"", !!i'f=-i?~:.n ':\):fC]~:l"rjir!flt"'_"~~""..6(~~L
I
! '
~: ,.
CL - S~
SandY' CLAY (Topsoil) - brown, medium dense and very moist with
interbedded clayey sandy. At 1.2 feet, dry density = 88.8 pcf and
moisture content = 32.5%. "
0.0 - 1.8
.
~
1.8 - 13.5
SP
Medium SAND - ,tan to orange, medium dense and moist with
occasional gravel. At 2.5 feet, d~ensity = 104.3 pcf and moisture
content = 19.5%. From 3.0 to 3.5 feet, '8I"avel layer with rapid
seepage, underlain by clean sand. Turns gray from 3.0 tQ 3.15 feet.
Slow to moderate seepage belbw 3.5 feet. Turns gr~enish iray to tan
at 5.0 to 5.5 feet and very sandy. Becomes more den'se and tan below
5.5 feet. '.
, I
.,;
, ,
r [
I.
~
e
g
'Ii
);
~~
~;
~~
, ~
...
lC'Ij
.:.
'.
~
"
'ri
"
, .~ j- iii~-' ii'
. -Co --,0- - -- , , -
, b. i!f .\",~,~_~ - ,,!',:"':--':,~.::LUli'r'-"--"-<,~~~-~'
Excavated on January 20, 2000.
Groundwater encountered at 3.0 feet below the existing ground suiface.
Test pit terminated at 13.5 feet be/ow the existing ground suiface.
No Samples taken.
Excavation Equipment: CASE 580 Backhoe
Logged by: CAK!jh
.
. ,.
"
lMO'JlECtllilCAL e,.INH..INO ,~ 1tA11IRIALS "lanNG
s
R Q '7
-
1
a;",
~
.. .Il.,..
'"
i.'i
';~='
'.\! ~: ~i'
:((i:
rI.
-;::
..
UJ
<
a
CJ)
z
o
en
:>
UJ>-
CCIll
.1L~j
UJ
-l
u:
UJ
~
a
.~
"
...
~
~ .
1
~,
~
"!'
~
w
"
, I
, 1
DEPTH SOIL
~ ,~_~"CLASS
. .- - ~ - -- ~~. - . --
EXPLORATORY TEST PIT # 14
Woodbridge Subdivision
File: T00001-B990054-1
~~
0.'0 - 2.0 CL
" [
2.0-6.5 ~
~il
SOn.. ;;;
DESCRIPTION= ~--~ ~~ ~~ i'" iI-=~
tHL'r' .' ~'Tv~,LJB: ,.;:;:;;.j " -"- ",,-.- - !.
CLAY'(Native) - dark brown and d~ptifmoist ~th r.ots from 4 to
16 inches. Moisture decreases with depth. "
IC
~
1
6.5 -8.5
~
.sIL]; with fine sand and occasional gravel - tan to dark brown. dense
to very dense and moist to dryitl' Fractured and moderately to strongly
cemented
I '
[
8.~ - 15.0
GP
.
Srr.. T with fine sand and occasional cobbles- tan to brown. dense to
very dense, damp to moist and weakly to moderately cemented.
Stainiha at 7.5 feet, some gravel.
GRJ\ ~ with fin~ to medium sand and large cobbles - tan to 1 '"
medium brown, very dense and damp. No sloughing, very dense, fine
sandma~x. '
I ~
A
Note: Infiltration rate at 10.0 to 15.0 feet was 30 to 40 minutes per
m~. ~ ~ ~
.
I;
I
s
~
!i3
MCSij,~E~>>~~~.~.,,"..:t~_E '~'~
~.~..:~.~,. "~'''^'"'Tm~''
",'!!it; r
, ~
,
I
I .
>-
m
a
UJ
~
()
UJ
>- :::c ~
m ()
~
~ \
~ ~
Excavated on January 28, 2000.
No grou1ldwater encountered
Test pit terminated at 15,,0 feet below the existing ground surface.
No Samples taken.
Excavation Equipment: CASE 580 Backhoe
Lorged by: AVjh
l!l
.'
"'ili
f'1
~
~
~ S~ T'" R itA T e.
~ G80T-lCHNICAl. ..MG........ ;1, MA1lI!Jl1A~ 'lWTlNG
"'
'.
l. _
. ..-.--
PIwATJ:
~"t; i( ~~,',.tl!>
~ -'l\'l
Ul
~
o
; l
UJ>-
a: CO
Ul
....J
u:
UJ
t;(
o
>-
CO
o
Ul
:lI:::
U
Ul
>-::c
COu
:';
''-
~
,~== '
Excavated on January 28, 2000.
" ,No groundwater encountered :'-
Test pit terminated at 11.0 feet below the existi1Jgground surface.
,~ No Samples taken.
Excavation Equipment: CASE 580 Backhoe
Logged by: Al/jh
" ")'W&'-
'"
:[R;
DEPTH SOIL
~,~~~
O.O~ i.5 CL
:II
1.5 - 4.5
ML
I
i 'J
I ~
.
4.5 -11.0
GP
tl
~;i
(.:
~:C_~M 't~'iflt_
~ II
t
, I",
r:.
l::!
"
~
"
~
~
t.o.::
n
EXPLORATORY TEST PIT if 15
.
~!
~~
't,"~
"w oodbridge Subdivision
File: T00001-B990054-1
II
,
if,
;.;;
~'
'"
SOIL
DESCRIPTION
,.
iJ!
. \ll M,~~"" _ ~;3..'m'--'~"-"V' -- }"~~xLH
y,I' CLAY (Native) - dark broWn, soft (i~cre~~ "'..2iili depth) and moist
with roots to 8 inches. At 6 inches, pocket penetrometer = 0.75 to
1. 0 tsf. At 8 inches, pocket penetrometer = 1. 0 to 1. 5 tsf. At 16
inches, pocket penetrometer = > 4.5 ts' Became dryer with depth.
.
Sandy SILI - light brown to tan, very dense, damp and weakly tg
moderately cemented. Pocket penetrometer = > 4.5 tsf. Cementation
increased with depth.
:-;ii
..
~',
Sandy ORA VEL - medium brown, dense to very dense and damp
with occasional cogbles. ~ine to medium sand lenses from 8.5 to 9.5
feet. 7 I'
'"
Note: Infiltration rate at 11.0 feet was about 1 minute per inch.
,.;.:
.
:l
~
L
'"
..
["t 1
-- j--"f,7"~"""-W-'-~"-'--~~~~"~ : ..
,j;:U~ ,il",_ ~'" .'= --=
~I
!!
..
1d
'"
ift
~.II
~"':, II
/":- " 55 .;"t R. Q ,. .
\ "'-:,'" GEOTacH;CAL.iW31N.~~" ""'T~IA.:s TllSTlIllB
I, !
;l!
. "
.:if'L.ATE. .,
~,~ _I ~
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ii;
m
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tr
i
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I cg i" ii.~ III 1L~c ~
!r S, i ~. " ~: ,g 'It ~ ~
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ic a =ti.,f f";: ~ ~
<D 'i: ' 0 it "", - '" 4-
t~ i ,~!fi~ ~.I ~
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MASTER' DECLARATION OF
COVENANTS, CONDIpIONs
& RESTRICTIONS' ~
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MER1DIAN elDAHO
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NOTICE
THIS DOCUMENT IS A VERY IMPORTANT LEGAL DOCUMENT WHICH EACH
POTENTIAL RESIDENT AND OWNER OF PROPERTY WITHIN THE 'WOODBRIDGE
COMMUNITY PLANNED RESIDENTIAL DEVELOPMENT SHOULD READ A1'ID
UNDERSTAND. THIS DOCUMENT DETAILS THE" OBLIGATIONS AND
RESPONSIBILITIES OF ALL WOODBRIDGE COMMUNITY PROPERTY OWNERS.
THE GRA1'JTOR EXPRESSLY DISCLAIMS ANY REPRESENTATIONS
,
WARRANTIES, STATEMENTS OR INFORMATION NOT SET FORTH HEREIN ORIN ANY
WRITTEN DOCUMENT EXECUTED BY GRANTOR. ANY REPRESENTATIONS OR
WARRANTIES MADE BY ~ REAL ESTATE BROKER OR AGENT OR OTHER PERSON
CONCERi'\ITNG-,THE TOTAL OR THE TYPES OF ASSESSMENTS TO BE LEVIED AGAINST
AN OWNER TO PAY FOR ANY ASPECT OF THE WOODBRIDGE CONL\1UNITY SHOULD
BE DISREGARDED IN THEIR ENTIRETY AND IN ALL EVENTS THE TERl\1S AND
CONDITIONS OF THIS MASTER DECLARATION SHALL CONTROL. "
f~; POTENTIAL RESIDENTS A1~ OWNERS ARE ADVISED TO REVIEW THIS MASTER
t~ DECLARATION WITH THEIR LEGAL AND OTHER ADVISORS PRIOR TO ACQUIRING A
LOT.
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T ABLE OF CONTENTS
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ARTICLE I: RECITALS. . . ... . . " . . . . . .. . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . " . . . . .1
1.1 Property Covered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'i.':. 1
1.2 Residential Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~,. . . . . . 1
1.3 Purpose of Master Declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
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ARTICLE II: DECLARATION ............................................... ~. . 1
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ARTICLE III: GOVERNANCE AND ADMINISTRATION:
MASTER ASSOCIATION. .., ... . . .. . .. . . . ..... . . .. . . . . .. . " . .. . . . . . . . . . . . . . . . .2
3.1 Or~anization of Master Association ...................................2
3.2 Membership. . . . . . . . . . . . . . . . . . . . .Y<. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
3.3 Membership Voting ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . 2
3.4 Board of Directors and Officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3.5 Power and Duties of the Master Association. . . . . . . . . . . . .'iii. . . . . . . . . . . . . . . .4
3.6 Meetings of the Master Asso~iation ...............................n... 11
3.7 Budgets and Financial Statements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..11 1
3.8 Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
3.9 Personal Liability.. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. : : : : : : : : : : : : 11 ~
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ARTICLE IV: GOVER1"lANCE AND ADMINISTRATION:
LOCAL ASSOCIATIONS ..................................................... 12
4.1 Creation by Grantor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4.2 Members of Local Associations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4.3 Voting in Local Associations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4.4 Selection of Delegates .............................................. 13
4.5 Meetings of Local Associations. . . . . . . . . . . . . . . . . ': . . . . . . .~ . . . . . . . . . . . . 14
4.6 Management. Powers. Duties and Restrictions. . . . . . . . . . . . . . . . . . . . . . . . . . 14
ARTICLE V: GOVER1~ANCE ANTI ADMINISTRATION:
DESIGN COMMITTEE ........... ~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5.1 Creation: Grantor's Ri~ht of Apoointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5.2 Aopointment ofDesi!m Committee Reoresentative .................... ."". 15
5.3 Imorovements Generallv ........................................... 15
5.4 Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
5.5 Non-Liabilitv of Design Committee Members ........ Ii" 'Of ':'. . . . . . . . . . . . . 16
5.6 Variances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ .~I\ . . . . . . . . . . . . . . 16
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ARTICLE VI: ASSESSMENTS ........ ........................................ 17
Ie 6.1 Covenant to Pav Assessments ....................................... 17
6.2 Unifoml Rate of Assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . 17
6.3 Ret!ubr Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
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6.5
6.6
6.7
6.8
6.9
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Special Assessments .............................................. 19
Limited Assessments .., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Assessment Period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
Notice and Assessment Due Date ........ ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Estoppel Certificate ...............................................20
Special Notice and Quorum Requirements ............... - . . . . . . . . . . . . .20
ARTICLE VII: ENFORCEMEN'I OF J\SSESSMENTS; LIENS ....................... 21
7.1 Ri ght to Enforce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
7.2 Assessment Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
7.3 Method of Foreclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
7.4 Subordination to Certain Trust Deeds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
7.5 Rights of Mortgagees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
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ARTICLE VIII: RIGHTS.. TO COMMON AREAS, RESTRICTEE> AREAS
AND MAINTENANCE PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
8.1 Use of Common Area ...................... .~. . . '" .". . .. . . . . . . .... .22
8.2 Designation ofCornmon Area. Restricted Area and Maintenance PropertY . . . .23
8.3 Delegation of Right to Use ................... "'. . . . . . . . . . . . . . . . . . . . . 23
8.4 Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
8.5 Association's Responsibilitv ........................................ 24
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ARTICLE IX: GENERAL AND SPECIFIC RESTRICTIONS .........................24
9.1
9.2
9.3
9.4
9.5 .
9.6
9.7
9.8
9.9
9.10
9.11
9.12
9.13
9.14
9.151
9.16
9.17
9.18
9.19
9.20
9.21
9.22
Improvements - Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Exterior Maintenance: Owner's Obligations ............................25
Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
1Vlailboxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Nuisances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
No Hazardous Activities ........................................... 26
No Mining or Drilling ............................................. 26
Insurance Rates ....................................... ?6
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Vehic1es and Eauipment ........................................... 26
AnimalslPets ..... f . . . . . "'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
No Mobile Homes or Temporarv Stnlctures ..... . . . . . . . . . . . . . . . . . . . . . . .27
Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Grading ........................................................ 27
\Vater Supply Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27
Se\vage Disposal Systems .......................................... 28
Water Rights Appurtenant to Subdivision !sands ........................ 28
Energv Devices. Outside ........................................... 28
Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Antennae ...........,........................................... 28
No Further Subdivision ............,............................... 28
Leasing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . 28
Grantor's Right ofDeveloDment ...........~.,....................... 29
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9.23 Comoliance with Laws ............................................29
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ARTICLE X:
10.1
10.2
10.3
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10.4
10.5
10.6
10.7
10.8
10.9
10.10
10.11
10.12
10.13
10.14
10.15
10.16
10.17
10.18
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EASElVIENTS ................................................... 30
Owners: Easements of Enjoyment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Dele2:ation of Use ................................................ 30
Recorded Easements .............................................. 30
Easements of Encroachment ........................................30
Maintenance and Use Easement Between Walls and Property. . . . . . . . . . . . . .30
Party \-Valls . . . . . . . .'~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30
Easements of Access .............................................. 31
Drainage and Utilitv Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Sanitary Sewer Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Rights and Duties Concemin2: Utility Easements ........................ 32
Disputes as to Sharing of Costs ................ . . . . . . . . . . . . . . . . . . . . . .32
General Landscape Easement ...... ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3!
Grantor's Rights Incident to Construction ... . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Easements Deemed Created. . . . . . . . . . . . . . . . . . . . . . . . . :"". . . . . . . . . . . . . . . 33
Waterway Easements.. .,. .. . . . ..... . . . . . . . . . . . " . . . .. . '" . . . . ., . ..33
Reservation for Expansion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Emer2:encv Easement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Maintenance Easement ...........................................,~ 33
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ARTICLE XI: RESOLUTION OF DISPUTES ..................................... 34
11.1 A~eement To Avoid Liti2:ation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
11.2 Claims. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
11.3 Mand~torv Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
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ARTICLE XII: INSPECTION OF AN ASSOCIATION'S BOOKS AND RECORDS ....... 36
12.1 Member's Ri2:ht ofInspection ....................................... 36
. 12.2 Rules Re2:ardin2: Inspection of Books and Records. . . . . . . . . . . . . . . . . . . . . . . 36
12.3 Director's Ri2:hts ofInsoection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36
ARTICLE XIII: DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36
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13.1
13.2
13.3
13.4
13.5
13.6
13.7
13.S
13.9
13.10
13.11
13.12
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"Abandoned or Inooerable Vehicle" ..................................36
"Articles" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :' 36
"Assessments" ............................... . . . . . . . . . . . . . . . . . . . . 36
'~ssociation" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
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"BuildinQ. Envelope" ..............................................37
"Byla\vs" ....................................................... 3:J
';~Common Area" ................................,................ 37
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Common Dnvewav Lots ..........................................) 7
,'l',CUP" ....,...................,................................ 37
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13.14 "Design Committee" ..............................................38
13 .15 "Desi gn Guidelines" .............................................. 38
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13.16 "Development Agreement" ......~.................................. 38
13.17 "Development Plan" ..............................................38
1.... 18 "D' t-" "d' t'" 38
"'. Iscre IOn or lscre Ion ........................ ~. ;:,: . . . . . . . . . . . . . .
13.19 "Expenses".................... w................................. 38
13.20 "First Mortgage" .................................................38
13.21 "Grantor"....................................................... 38
13.22 "Improvement" .................................................. 38
13.23 "Limited Assessment" ............................. . . . . . . . . . . . . . . . .39
13.24 "Local Association{s)" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
13.25 "Local Association Board" ......................................... 39
13.26 "Local Association Rules and Regulations" ..............~:............. 39
13.27 "Local Common Area" ............................................39
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13.28 "Lot" ............ '_' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39
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13.29 "'tvlaintenance Propertv" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~1. . . . . . . . . . . . . . . 40
13.30 "Master Association" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40
13.31 "Master Declaration" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40
13.32 "Member" ...................................................... 40
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13.33 "Mortgage" ..................................................... 40
13.34 "Occuoant"...................................................... 40
13.35 "Oversized Vehicles" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
13.36 "O\vner"........................................................ 40
13.37 "Partv Wall" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
13.38 "Person(sy....................................................... 40
13.39 "Phase"......................................................... 40
13.40 "Plat" .......................................................... 41
13.41 "Proiect Documents" .., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
13.42 "Propertv" ...................................................... 41
13.43 "Regular Assessment" .... . . . ., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
13.44 "Restricted Area" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
13.45 "Soecial Assessment" ............................................. 41
13.46 "Storm Water Manual" ............................................ 42
13.4 7 "Supplemental Declaration" ............"........................... 42
13.48 "'vVaterwav" ...................................... . . . . . . . . . . . . . . . 42
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ARTICLE XIV: MISCELLANEOUS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42
14.1
14.2
14.3
14.4
14.5
14.6
14.7
Annexation of Other Properties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42
Term.. .. . .. .. . . .,. . . . . . . . .. . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .43
An1endment ................................ . . . .'~ . . . . 4'1
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Mort2.age Protection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47
Enforcement and Non-Wai\'er . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . .47
Use of Trademark . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
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14.9
14.10
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Successors and Assi2ns ............................................48
Owners' Acknow1ed2I11ents .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
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MASTER
DECLARATION OF
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" COVENANTS. CONDITIONS AND RESTRICTIONS
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'WOODBRIDGE COMMUNITY! PLANNED RESIDENTIAL DEVELOPMENT
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THIS MASTER DECLARATION OF COVENANTS, CONDITIONSt AND
. RESTRICTIONS. FOR WOODBRIDGE COMMUNITY PLANNED RESIDENTIAL
DEVELOPMENT is made effective as ofthe 23rd day of October, 2000, by Woodbridge Community
LLC, an Idaho.timited liability company ("Grantor" and "Class B Member").iO All capitalized terms
not otherwise defined in the text hereof are defined in Article XIII, and each reader ofthis Master ·
Declafation should refer to Article XIII for a..clear understanding of such capitalized terms.'"
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ARTICLE I: RECITALS
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1.1 Prooertv Covered. The property potentially subject to this Master Declaration
includes, but is not limited to, the property legally described on Exhibit A attached hereto and made
a part hereof by this reference which property consists of approximately 80 acres approved by the
City of Meridian for the development of up to 283 residential units ("Woodbridge"). Grantorintends
to develop \V oodbridge in multiple development Phases. Each Phase, and any property otherwise
annexed into Woodbridge shall be subject to this Master Declaration through a Supplemental
Declaration, and all property made subject to this Master Declaration shaUl be referred to as tfle
"Property." Unless and until a Supplemental Declaration is filed with the Ada County Recorder's
Office, none of the property identified on Exhibit A or otherwise shall be subject to this Master
Declaration. Each Owner, by accepting a deed to any portion of the Prop.rty, acknowledges and
agrees that Grantor is under .no obligation to subject any portion of Woodbridge to. this Master
Declaration.
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1.2 Residential Develooment. Woodbridge is a residential development which Grantor
currently intends to develop in accordance with existing development approvals obtained by Grantor
from the City of Meridian, including the CUP and the Development Agreement, or any other
development planes) for which Grantor may from time to time obtain approval from the City of
Meridian (collectively the "Development Plan"). The Property will be developed for single-family
residential homes. a~
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1.3 Purpose of Master Declaration. The purpose ofthis Master Declaration is to set forth
the basic restrictions, covenants, '1imitations, easements, conditions and equitable servitudes
(collectively "Restrictions") that will apply to the Property and the use of any and all portions of the
Property. The Restrictions are designed to protect, enhance and preserve the value, amenities,
desirability, and attractiveness of the Property; to ensure a well-integrated, high quality development;
and to guarantee adequate maintenance of the Common Area, Restricted Area and Maintenance
Property, including any Improvements located thereon in a cost effective and administratively
efficient manner.
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ARTICLE II: DECLAR.A. TION
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Grantor hereby declares that the Property, and each lot, parC'el or portion thereof, is and/or
shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved
subject to the following tem1S and Restrictions, all of which are declared and agreed to be in
furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of
the Property, and to enhance the value, desirability and attractiveness of the Property. The terms and
Restrictions set forth herein shall run \\~th the land constituting the Property, and with each estate
therein, and shall bL: binding upon any Person having or acquiring any right, title or interest in the
Property or any lot, parcel or portion thereof; shall inure to the benefit of every lot, parcel or portion
of the Property and any interest therein; and shall inure to the benefit of and be binding upon
Grantor, each Person or Owner having or holding an interest in the Property and sllch Person's or
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Owner's successors in interest, and may be enforced by Grantor, any Owner or Owner's successors
in interest, any Person having or holding an interest in the Property or such Person's successors in
interest, or by the Master Association or any Local Association. In the event of any conflict between
this Master Declaration and any other of the Project Documents, this Master Declaration shall
control.
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ARTICLE III: GOVERNAt"J'CE A1'ID ~MINISTRATION:
MASTER ASSOCIATION
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3.1 On!anization of Master Association. The Master Association sHall be initial1y
organized by Grantor as a profit or ndIt-profit corporation under the applicable provisions of the
Idaho Code, or such other legal entity as Grantor deems appropriate, and shall be charged with the
duties and invested with the powers prescribed by law and set forth in the Project Documents.
Grantor may, in its discretion, grant to the Master Association a revokable, non-exclusive license
to use the name "Woodbridge" or "Woodbridge Community.";;. Neither the Articles nor the Bylaws
shall be amended or otherwise changed or interpreted so as to be inconsistent with this Master
Declaration. Each Owner shall abide by and benefit from the provisions, covenants, conditions and
restrictions contained in the Project Documents. ~ (, ~
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3.2 Membership. Each Owner, by virtue of being an Owner and for so long as such
ownership is maintained, shall be a Member of the Master Association, and no Owner, except
Grantor, shall have more than one membership in the Master Association. Memberships in the
Master Association shall be appurtenant to, and may not be separated from ownership of the Lot.
The memberships in the Master Association shall not be transferred, pledged, assigned or alienated
in any way except upon the transfer of Owner's title to a Lot and then only to the transferee of such
title. Any attempt to make a prohibited membership transfer seall be void and will not be reflected
on the books of the Master Association.
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3.3 Membership Voting.
memberships:
The Master Association will have three (3) classes of
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3.3.1 Class A Members. Class A Members shall be the Delegates from each Local
Association. Each Local Association's Members shall be designated in a Supplemental
Declaration as Members ofthe Master Association and a Local Association. Each Delegate
shall be entitled to one (1) vote for each Lot o\lned by the Class C Members represented by
sllch Delegate.
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3.3.2 Class B Member. Grantor, by and through Grantor's designated
representative (hereinafter "Grantor's Delegate"), shall be the Class B Member, and shall be
entitled to five (5) votes for each of the 283 approiied Lots for Woodbridge or 1,415 votes,
less five (5) votes for each Lot owned by a Person other than Grantor. The Class B Member
shall cease to be a voting Member in the Master Association at the earlier of: (1) the date
Grantor's Class B Member votes in the Master Association are equal to or less than the Class
A Member votes; or (2) on June 1,2020. This date may be referred to herein as the "Class
B Member Temlination Date."
j\.l~IER DECLARATIO;'-l- 2
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In the event the number of anticipated Lots within Woodbridge is increased beyond
283 approved Lots prior to the Class B Termination Date, the Class B member shall be
entitled to an additional five (5) votes for each such additional Lot.
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3.3.3 Class G Members. The Class C Members shall be all Owners, with the
exception of the Grantor, so long as the Class B Member exists. Class C Members shall not
be entitled t~ vote in the Master Association except that Lots owned by such Class C
Members shall be counted for purposes of determining the number of votes of the Class A
Members as specified in Subsection 3.3.1. Upon termination of Class B Member as set forth
in Subsection 3.3.2. Grantor shall become a Class C Member. .~~,
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All voting power in the Master Association shall be exercised by the Delegates selected as
provided for in Article N, and by the Class B Member, and no Member who is not a Delegate or the
Grantor shall be entitled to vote in the Master Association. :;< -
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3.4 Board of Directors and Officers. The Board of Directors arftl such officers as the
Board may elect or appoint in accordance with the Articles and Bylaws shall carry out all of the
powers and duties ofihe Master Association as set forth herein and in the Articles and Bylaws of the
Master Association and shall be selected as follows:
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3.4.1 Selection of Board Prior to Class B Member Termination Date. Until the
Class B Member Termination Date, the Board shall consist of not less than three (3)
members of the Board,f'Directors") nor more than seven (7) Directors appointed by the
Class B Member in the Class B Member's discretion. The Class B Member shall have the
right to remove and replace any Director, with or without cause, in the Class B Member's
discretion.
3.4.2 Selection of Board After Class B Member Tennination Date. Subseqlient to
the Class B Member Termination Date, the Board shall be comprised of the Master
Association Delegates.
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Vacancies on the Board occurring prior to the Class B Member Termination Date shall be
filled by the Class B Member. Thereafter, vacancies on the Board occurring between meetings of
the Members may be filled by the majority vote of the rel1}.aining Directors then sittinS! on the Board.
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Prior to the Class B Member Termination Date, the Board may, with the Class B Member's
approval, increase the number of the Directors on the Board to allow the inclusion of a deleaate from
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any Local Association as selected by the Loca] Association pursuant to Section 4.4 herein, subject
to the ongoing approval of the Class B Member and Class B Member's right to remove any Director.
The Class B Member shall have the right to voluntarily terminate its right to appoint Directors and
to fill vacancies pursuant to this Section, in which event the Delegates to the Master Association
shall serve as Directors and the remaining Directors may fill vacancies occurring bem een meetings
of the i\lembers as provided herein. Except for Directors appointed by the Class B Member, all other
Directors shall be Members.
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MASTER DECLAR~TlO:-; - 3
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3.5 Power and Duties 0 f the Master Association.
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3.5.1 Powers. The Master Association shall have all the powers of a profit or non-
profit corporation organized under the applicable provisions of the Idaho Code subject only
to such limitations upon the exercise of such powers as are expressly set forth in the Project
Documents. The Master Association shall have the power and authority to do any .md all
lawful things which may be authorized, required or.permitted to be done by the Master
Association under Idaho law and under the Project Documents, and to do and perform any
and all acts which may be necessary to, proper for, or incidental to the proper ownership,
management and operation of the Common Area, Restricted '1\rea, Maintenance Property and
tlfe Master Association's other assets, including water rights when and if received from
Grantor, and the performance ofthe other responsibilities herein assigned, including, by way
of illustration and not limitation: "I !,/,
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3.5.1.1 Assessments. The power to levy Assessihents on behalf of itself, and
any and all Local Associl!,tions, on any Owner and Associ~tion Member, or any
portion of the Property pursuant to the restrictions enunciated in this Master
Declaration, and to force payment of such Assessments, all in accordance with the
provisions of this Master Declaration. This power shall include the right of the
Master Association to levy Assessments on any Owner of any portion of the Property
to cover the operation and maintenance costs of the Common Area, Restricted Area
and the Maintenance Property and the administrative costs associated with
establishing and enforcing use schedules for the pressurized irrigation system owned
and operated by the Nampa & Meridian Irrigation District.
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in its own name, on its own behalf, or on behalf of any Owner or Owners who
consent thereto, to commence and maintain actions and suits to restrain and enjoin
any breach or threatened breach of the Project Documents, and to enforce by
injunction or otherwise, all provisions hereof.
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3.5.1.3 DeleQ:ation of Powers. The authority to delegate its power and duties
to committees, officers, employees, or to any Person to act as manaQ:er and to
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contract with a Local Association for the maintenance, repair, replacement and
operation of any Common Area, Restricted Area or Maintenance Property. Neither
the r.1aster Association nor the members of its Board shall be liable for any omission
or improper exercise by the manager of any such duty or power so delegated. All
contracts for management of any Gommon Area, Restricted Area or Maintenance
Property shall be for a term not exceeding one (l) year, and shall be subject to revie\v
by the Board upon termination of the Class B membership.
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3.5.1.4 Association Rules. The power to adopt, amend and repeal by
majority vote of the Board such n1les and regulations as the Master Association
deems reasonable and appropriate. The Master Association may govern the llse of
the Common Area by the O\\'ncrs, their families, invitees, licensees, lessees or
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contract purchasers, including, without limitation, the use of Common Area for
organized recreational activities; provided, however, that any Association Rules shall.
apply equally to all Owners and shall not be inconsistent with this Master
Declaration, the Articles orlthe Bylaws. ,,!,>- copy of the Associatfon Rules as they
may from time to time be adopted, amended or repealed shall be mai led or otherwise
delivered to each Owner. Upon such mailing or delivery, the Association Rules 'shall
have the same force and effect as if they were set forth in and were a part of this
Master Declaration. In the event such Association Rules are inconsistent with or less
restricsive than any other provisions of this Master Declaration, any Supplemental
Declaration, the Articles, Bylaws, and/o~ Design Guidelines, the provisions of the
Association Rules shall be deemed to be superseded by the provisions of this Master
Declaration, Supplemental Declaration, the Articles, Bylaws, or Design Guidelines
to the extent, but only to the ~xtent, of any such inconsistency.
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3.5.1.5 Improvements Within Public Ri2ht-of-Wav. The authority to own,
maintain, repair, replace and!: operate any Improvements, including, without
~, limitation, landscaping islands, bridges, bridge facades, median strips and pathways
located within any public right-or-way located within the Property or identified on
a Plat. 1il:o' [j; ..
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3.5 .1.6 Emergencv Powers. The power, exercised by the Master Association
or by any Person authorized by it, to enter upon any portion of the Property (but not
inside any building constructed thereon) in the event of any emergency involving
illness or potential danger to life or property or when necessary in connection with
any maintenance or construction for which the Master Association is responsible.
Such entry shall be made with as little inconvenience to the Owner as practicable,
and any damage caused thereby shall be repaired by and at the expense of the Master
Association.
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3.5.1.7 Licenses. Easements and Rights-of-Wav. The power to grant and
convey to any third party such licenses, easements and rights-ofiJway in, on or under
the Common Area and Restricted Area as may be necessary or appropriate for the
orderly maintenance, preservation and enjoyment of the same, and for the
preservation of the health, safety, convenience and the welfare of the Owners, for the
purpose of constmcting, erecting, operating or maintaining the following:
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3.5.1.7.1 Underground lines, cables, \vires, condui ts or other devices
for the transl~'1ission of electricity or electronic signals for lighting, he~ting;!
power, telephone, television or other purposes, and the above ground lighting
stanchions, meters, and other facilities associated with the provisions of
lighting and services; ·
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3.5. 1.7.2 Public sewers, stoml drains, water drains and pipes, water
supply systems, sprinkling systems, heating and gas lines or pipes, and any
similar.public or.qu:lsi;public improvements or facilities; and
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3.5.1.7.3 Mailboxes and sidewalk abutments arollnd such mailboxes
or any service facility, berm, fencing and landscaping abutting common"
areas, public and private streets or land conveyed for any public or
;r, quasi-public purpose including, without limitation, pedestrian and bicycle
pathways.
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The right to grant such licenses, easements and rights-of-way are hereby expressly
reserved to the Master Association and may be granted at any time prior to
twenty-one (21) years after the death of the issue of the individuals executing this
Master Declaration on behalf of Grantor who are in being as of the date hereof.
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3.5.1.8 Newsletter. If it so elects, prepare and distribute a newsletter on
matters of general interest to Members ofthe Master Association, the cost of which
shall be included in Regular Assessments;
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3.5.1.9 Other. Such other and further powers as the Master Association
Board deems reasonable and appropriate, it being the intent of Grantor that the ..
Master Association have broad power and authority consistent with the Project
Documents and applicable law.
3.5.2 Duties. In addition to duties necessary and proper to carry out the powers
delegated to the Master Association by the Project Documents, without limiting the
generality thereof, the Master Association or its agents, if any, shall have the authority and
the obligation to conduct all business affairs of the Master Association and to perform,
without limitation, each of the following duties:
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3.5.2.1 Operation and Maintenance of Common Area. Operate, maintain,
and otherwise manage or provide for the operation, maintenance and management ',".
of the Common Area, including the repair and replacement of property damaged or
destroyed by casualty loss, ipeluding any signs placed at the entrances to, or
otherwise in the vicinity of the Property. All Waterways shall be maintained in
accordance with sound hydrological principles, with particular attention to the
protection and husbandry of the wildlife habitat. The Master Association shall, at
Grantor's discretion, operate and maintain all properties owned by Grantor which are
designated by Grantor for temporary or permanent use by Members of the Master
Association. In no event shall the Master Association sell, transfer or convey any
Common Area Lots if such sale, transfer or conveyance will reduce the amount of
"open space" belo\'t, the le~l required by the Development Plan except with the
specific approval of the gO\lI"cmmental agencies possessing jurisdictional authority
thereover; ~
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3.5.2.2 Operation and N"faintenance of Restricted Area. Operate, maintain,
and otherwise manage or pro~de for the operation, maintenance and management
of any Restricted Area,
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3.5.2.3 Operation and Maintenance of Storm Draina2:e Facilities. Operate
and maintain or otherwise provide for the operation and maintenance of all public
storm drainage facilities, including, without limitation, drainage pipes and collection
ponds ("facilities"),)ocated on and through the Lots, Restricted Area, Mainten..,ance
Area, Common Area or ACHD rights-of-way, pursuant to the Storm Water Manual,
and the repair and replacement of prope~ damaged or, destroyed by casualty loss.
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Notwithstanding that the Master Association is obligated to provide certain types of
maintenance for the public storm drainage facilities located on and through the Lots,
_ ~estricted Area, Maintenance Area, Common Area or ACHD rights-of-way, as
provided in the Storm Water Manual, it is hereby provided that the Ada County
Highway District ("ACHD") may elect to maintain any part of said s\?I1l\drainage
facilities ?should the Master Association fail to perform i~ maintenance
responsibilities under the Storm Water Manual.
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In the event that ACHD determines, in its discretion, that the Master Association is
not adequately maintaining these facilities, ACHD shall, be~ore undertaking
maintenance of same, provide written notice of its intention to begin maintenanc&t of
the storm drainage facilities within a thirty (30) day period, within which time frame
the Master Association may undertake to initiate and conclude all maintenance
defects as identified by ACHD. In the event that the Association shall fail to
commence and conclude maintenance identified within the prescribed thirty (30)
days, then in that event, ACHD may begin to undertake said maintenance. ACHD
is hereby granted an irrevocable license and easement to enter upon any portion of
the Property for inspection and maintenance of the storm drainage facilities. Should
ACHD engage in maintenance of these facilities after having provided notice to the
Master Association and having provided the Master Association an opportunity to
undertake said maintenance, ACHD shall be entitled to and empowered to file a .,;
ratable lien against all Lots with power of sale as to each and every Lot to secure
payment of any and all assessm~ts levied against any and all said Lots pursuant to
this Master Declaration, together with interest at tte rate which accrues on
judgements thereon and all costs of collection which may be paid or incurred by
ACHD in connection therein. ACHD may exercise their rights under Idaho Code by
assessing the Lot Owners and certifying those assessments in tl;e manner as real
property tax. This section shall not be amended \'iirithout prior written approval from
ACHD. ·
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The Master AssdCiation shall nof be dissolved or relieved of its responsibility to
maintain the defined storm drainage facilities \vithout prior written approval from
ACHD. The r-llaster Association and all Owners by accepting title to a Lot agree that
all Owners or Occupants within the Property are benefitted Owners for purposes of
this Subsection 3.5.2.3;
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3.5.2.4 Ooeration and Maintenance of Common Drivewav Lots. The Master
Association shall also operate, maintain, repair and replace all Common Driveway
Lots. The cost and expense associated with the Master Association's operation,
maintenance, repair and replacement of any Common Driveway Lot shall be assessed
as a Limited Assessment as provided in Subsection 3.5.1.1, upon those Lots and the
Owners thereof requiring the use of such Common Driveway Lot as the means of
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ingress and egress to such Lots;
3.5.2.5 Operation and Maintenance of Maintenance Prooertv. Operate,
maintain, and otherwise manage or provide for the operation, maintenance and
management of any Maintenance Property the Master Association, in its discretion,
has decided to operate and/or maintain due to the benefits flowing through to the
Owners and Members, including, without limitation, any signs, benches, lights, trails,
orpa~ks. The rights and duties enunciated in this Subsection 3S'2.5 shall include the
right to levy Assessments on Owners as provided in Subsection 3.5.1.1. " ~:
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3.5.2.6 Reserve Account. Establish and fund a re~erve account with a
reputable banking institution or savings and loan association or title insurance
company authorized to do business in the State ofldaho, which reserve account shall
be dedicated to the costs of repair, replacement, maintenance and infProvement of the
Common Area, Restricted Area and Maintenance Property;
3.5.2.7 Maintenance of Berms. Retaining: \Vans and Fences. Maintain anv
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berms, retaining walls, and water amenities within and abutting any Common Are~
Restricted Area and Maintenance Property. The Master Association shall repair and
replace fences abutting or adjacent to Locust Grove Road and,~Voodbridge Drive
whether located in Common Area or on individual Lots. The Master Association
shall also be responsible for maintaining or repairing the exterior surface of any
fences abutting any Common Areas. For the purposes of this Master Declaration
exterior surface shan be deemed the surface facing the Common Area or public right-
of-way. If any repairs or replacements will affect the external appearance of suc'li
fences, the Master Association shall be responsible for sllch repairs or replacements.
Costs of repair, replacement and.maintenance of sllch fences shall be passed on to
Owners as a Regular Assessment except for any repair or replacement made
necessary as a result of the negligence or\villful conduct of an O\iner, \\ihich shal
be the obligation of that Owner;
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3.5.2.8 Maintenance of Gatehouse Lots. Certain Lots, as designated in c
Supplemental Declaration or in a deed of conveyance, located at or near the entrance
to Woodbridge Drive from Locust Grove Road shall be referred to as the "Gatehouse
Lots." The Master Association shall maintain the exterior surface and such other
structural components of such garages and shall maintain a landscape strip locate~
upon the Gatehouse Lots as more fully described in a gatehouse easement agreemem
for such Lots. Such maint~nance shall be for the benefit of all Lots \vithin the
Property. and the cost and expense associated with such maintenance shall be
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assessed as a Regular Assessment as provided in Subsection 3.5.1.1. Nothing herein
is intended to grant a public right of access or use to the Gatehouse Lots.
3.5.2.9 Imorovements in the Public Right-of-Wav. Maintain, improve,
operate, repair and replace any facilities and Improvements, including, without
limitation, Maintenance Property, drainage systems or facilities, bridge facades,
pathways, landscape islands or median strips, the asphalt pathway located along
Locust Grove Road and abutting the Property, the asphalt pathway located within the
Property along Woodbridge Drive, and landscaping or landscaping improvements
located m. any public rights-of-way which the Master Association is obligated, or
Rtherwise deems advisable, to maintain, operate, repair an~repJace pursuant to the
Development Plan, any Plat, or any license, easement or other agreement;-
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3.5.2.10 Taxes and Assessments. Pay all repl and personal property taxes
and Assessments separately levied against the Common Area, Maintenance Property,
Restricted Area or against the Property, the Master Association, any L6cal
Association and/or any other property owned by the Master Association. Such taxes
~ and Assessments may be_contested or compromised by the Master Association,
'" provided, however, that such taxes and Assessments are paid or a bond insuring
payment is posted prior to the sale or disposition of any property to satisfy the ~
payment of such taxes and Assessments. In addition, the Master Association shall
pay all other federal, state and/or local taxes, including income or corporate taxes
levied against the Master Association and any Local Association in the event that the
Master Association or any Local Association is denied the status of a tax exempt
corporation;
3.5.2.11 \Vater and Other Utilities. Acquire, provide and/or pay for water,
se~ver, garbage disposal, refuse and mbbish collection, electrical, telephone and gas
arid other necessary services for the Common Area, an.? to own and/or manage for
the benefit of Woodbridge all water rights and rights to receive water held by the
Master Association, whether such rights are evidenced by license, pennit, claim,
~ """, decree, stock ownership or otherwise;
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3.5.2.12 Insurance. Obtain insurance from reputable insurance companies
authorized to do business in the State ofIdaho, and maintain in effect any insurance
policy the Board deems necessary or advisable, and to the extent possible to obtain,
including, without limitation the following policie$. of insurance:
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3.5.2.12.1 Fire insurance including those risks embraced by coverage
of the type known as the broad form "All Risk" or special extended coverage
endorsement on a blanket agreed amollnt basis for the full insurable
replacement value of all Improvements, equipment and fixtures located
within the Cornmon Area and Restricted Area;
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i\lASTER DECLAR:-\Tlo-~',- 9
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3.5.2.12.2 Comprehensive public liability insurance insuring the
Board, the Master Association, Grantor, and the individual grantees, tenants,
agents and employees, invitees and guests of each of the foregoing against
~. any liability incident to the ownership and/or use of the Common Area,
Restricted Area and Maintenance Property. Limits on liability of such
coverage shall be as follows: Not less than One Million Dollars ($1,000,000)
per person and One Million Dollars ($1 ,000,000) per oCCUrrence with respect
to personal injury or death, and One Million Dollars ($1,000,000) per
occurrence with respect to property damage;
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3.5.2.12.3 Full coverage directors' and officers' liability insurance
with a limit of at least Two Hundred Fifty Thousand Dollars ($250,000);
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3.5.2.12.4 Such insurance as required by Section"'14.4(n) heRin;
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3.5.2.12.5 Such other insurance, including motor vehicle insurance ;;;
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and worker's compensatIon Insurance, to the extent necessary to comply with
all applicable laws and indemnity, faithful performance, fidelity and other
bonds as the Board shan deem necessary or required to carry out the Master
Association functions or to insure the Master Association against any loss
from malfeasance or dishonesty of any employee or other Person charged
with the management or possession of any Master Association funds or other
property;
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3.5.2.12.6 The Master Association shall be deemed trustee of the
interests of all Owners in connection with any insurance proceeds paid to the
Master Association under such policies, and shall have full power to receive
such Owner's interests in such proceeds and to deal therewith; and
3.5.2.12.7 Insurance premiums for the above insurance coverage
shall be deemed a common expense to be included in the Regular
Assessments levied by the Master Association.
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3.5.2.13 Rule Makin!2. Make, establish, promulgate, amend and repeal such
Association Rules as the Board shall deem advisable;
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3.5.2.14 Desi!2n Committee. Appoint and remo\~e members of the Design
Committee, subject to the provisions of this Master Declar~tion; and
3.5.2.15 Enforcement of Restrictions and Rules. Perfom1 such other acts,
whether or rtot expressly authorized by this Master Declaration. as may be reasonably
advisable or necessary to enforce any of the provisions of the Project Documents and
any and all laws ordinances, rules and regulations of the Cit\' of Meridian and Ada
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County also including. \vithout limitation, the recordation of any claim of lien \~ith
the Ada County Recorder's Office, as more fully pro\'id~d herein.
i\IASTER DECU\H..ATIO:'\ -10
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3.5.2.16 Compliance with Develooment*Plan. All actions undertaken by the
Master Association in performance of its duties under the Project Documents shall
be performed in conformity with the CUP and the Development Agreement.
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3.5.2.17 Duties Imoosed Durin!! Entitlement Process. Carry out all duties
imposed by any governmental, municipal or other~agencies as part of the entitlement A
process for the development of Woodbridge.
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3.6 Meetin!!s ohhe Master Association. The Master Association shall h61d an annual
meeting and special meetings an as provided for in the Bylaws.
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3.7 Bud!!ets and Financial Statements. Financial statements for the Mastef Association
shall be prepar!d regularly and, upon request, copies shall be distributed to each Member of the
Master Association as follows:
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3.7.1 A pro forma operatmg statement or budget representmg both the Master
Association and the applicable Local Association for each fiscal year shall be available for
distribution not less than thirty (30) days before the beginning of each fiscal year. The
operating statement shall include a schedule of Assessments received and receivable.
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3.7.2 Within ninety (90) days after the close of each fiscal year, the Master
Association shall cause to be prepared and available for delivery upon request to each
Owner, a balance sheet as of the last day of the Master Association's fiscal year for the
Master Association and applicable Local Association and annual operating statements
reflecting the income and expenditures of the Master Association and applicable Local
Association for their last fiscal year. .Copies of the balance sheet and operating statement
shall be available for distribution upon request to each Member within ninety (90) days after
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the end of each fiscal year. '
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3.8 Mana!!er. The Master Association may employ or contract for the services of a
professional manager or management company (UManager"), provided that no such employment or
contract shall have a term of more than one (1).,)'ear, and each such contract shall be subject to
cancellation by the Master Association:\vith or without cause and without payment of a termination
fee; provided thirty (30) days or more prior written notice is provided. The Manager so employed
or contracted with shall not have the authority to make expenditures chargeable against the Master
Association except upon specific prionvritten approval and direction by the Board. The Boar;<J,shall
not be liable for any omission or improper exercise by such Manager of any such duty, power or
function so delegated by or on behalf of the Board. The I'vlaster Association may contract with
Grantor or any affiliate of Grantor to act as Manager pursuant to the tem1S of this Section 3.8.
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3.9 Personal Liabilitv. No Member of the Board, or member of any committee of the
p.-'1aster Association, or any officer of the Master Association, or Grantor, or the Mmhger, if any,
shall be personally liable to any O\\"l1er, or to all~other party, including the ~1aster Association and
Local Association, for any damage, loss or prejudice suffered or claimed 011 the account of any act,
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i\lASTER DEQ,AR.\TIO\ - 11
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omission, error or negligence of the Master Association, the Boar~ Local Association, Local
Association Board, the Manager, if any, or any officer, committee, or other represeI1tative or
employee of the Ma~ter Association or Local Association, Grantor, or the Design C;mmittee,
provided that such P;rson, upon the basis of such information as may be possessed by such Person,
has acted in good faith without willful or intentional misconduct.
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ARTICLE IV: GOVERNAt"J"CE Al'ID ADMINISTRATION:
LOCAL ASSOCIATIONS
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4.1 Creation bv Grantor. Grantor may create Local.Associations'as profit or non-profit
corporations under the applicable provisions of the Idaho Coae,!~or as such other lega\ entity as
Grantor deems appropriate. Grantor may, in its discretion, create a Local Association by means of
a Supplemental Declaration, or other recorded instrument, and may, in its discretion, yant to such
Local Association a revokable, non-exclusive license to use the name "Woodbridge" or
"'Woodbridge Community."
4.2 Members of Local Associations. Where a Local A~sociation i~ created, each Owner
of a Lot designated in a Supplemental Declaration or other recorded instrument, including Grantor
while it remains an Owner, shall be Members of such Local Association. Memberships may be
transferred only as specified in Section 3.2 for the Master Association. Members of a Local
Association shall also be Members of the Master Association...
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4.3 V otin!:?: in Local Associations. Each Local Association shall have two (2) classes of
voting memberships: Ill-"'
4.3.1 Class A Members. Class A Members shall be the Owners of Lots designated
in a Supplemental Declaration orotherrecorded, excluding the Grantor, who shall be entitled
to one (l) vote for each Lot owned by said Members of the Local Association. Upon
termination of the Class B Member as set forth in Subsection 4.3.2. Grantor shall become
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a Class A Member and shall be entitled to one (1) vote for each Lot owned by the Grantor (l
within a Phase. 'I I
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4.3.2 Class B Member. Grantor shall be the Class B Member, and shall be entitled
to five (5) votes for each Lot designated in a Supplemental Declaration owned by Grantor.
The Class B Member shall cease to be a voting Member in the Local Association at the
earlier of: 1) the Class B Ivlember holds no more than twenty-five (25%) of the Lots within
the Phase; or 2) five (5) year..? following the date the first Lot \vit,hin the Phase is conveyed,
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If the Owner of a Lot shall be more than one (1) Person, all such Persons shall be deemed
Members, but the voting rights in the Local Association attributable to that Lot may not be split and
slfa.ll be exercised by one representative selected by such Persons as they, among themselves, may
detem1ine. In the e~ent such Persons are unable to agree amO'1g themselves on any matter put to a
'<\ vote as to how the vote shall be cast, such Persons shall not be entitled to vote on the matter in
question, If only one such Person casts a vote, it will thereafter be conclllsi\'e1J!l;presum~d for all
purposes that such Person was acting \vith the authority and consent of all other CQ-O\\'ners of such
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MASTER DECLARATIO:"-12
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Lot. The right to vote may not be severed or separated from the ownership of the Lot to which ~t is
appurtenant, except that an Owner may give a revocable proxy, or may assign such Owner's right
to vote to a lessee, mortgagee, beneficiary or contract purchaser of the applicable Lot, for the term
of the lease, mortgage, deed of trust or contract. Any ~ale, transfer or conveyance of such Lot to a
new Owner shall operate automatically to transfer the appurtenant voting right to the new Owner,
subject to any assignment of the right to vote to a lessee, mortgagee, beneficiary or con\ract
purchaser as provided herein.
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4.4 Selection of Delegates. Each Local Association shall designate one (1) Delegate to
the Master Association to exercise the voting power of all of the Members in such Local Association
in the manner provided in this section. The chairman of any meeting at which a Delegate is elected
shall certify in writing to the Board the name of the Delegate elected, the time and place of the
meeting at which the election occurred and the Local Association which the Delegate represents.
A Delegate may be removed without cause by the vote in person or by proxy at hny duly constituted
annual or special meeting of the Members holding at least a maj ority. of the voting power within the
Local Association. Each Delegate will be entitled to cast one (1) vote for each Lot owned b~the
Class A Members of the Local Association which the Delegate represents. lJpon termination ofthe
Class B Member of the Local Association, such Delegate will be entitled to cast one (1) vote for each
Lot located in the relevant Phase. Only Members of the Association for which the Delegates are
selected shall be eligible for election as Delegates of said Local Association. In the event such
Member is an entity, such Member's designated representative is eligible for election as a Delegate.
Upon termination of any Delegate's membership in the Association for which that Delegate is
selected, such Delegate's term of office shall immediately terminate, and a new Delegate shall be
appointed by the Board, until the next annual or special meeting at which a new Delegate can be
elected.
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4.4.1 Voting - Regular Assessment/Soecial Assessment. Each Delegate of the
applicable Local Association shall cast the votes which that Delegate represents in such 1'-"
manner as that Delegate shall deem appropriate acting on behalf of all ofthe Members in the
Local Association represented by such Delegate, provided, however, that as to any Special
Assessrflent or increase in Regular Assessment, the Delegate '''representing such Local
Association shall cast all of the voting power in such Local Association in the same
proportion as the Members in such Local Association shall have voted "for" and "against"
such Special Assessment or increase in Regular Assessment in person or by proxy regardless
of the actual number of votes cast at the Local Association meeting.
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4.4.2 Voting - Pursuant to Member Instructions. In the event that at least fifty-one
percent (51 %) of the voting power within any Local Association shall detem1ine at any duly
constituted meeting of the Members in such Local Association to instmct tl1eir Delegate as
to the manner in which such Delegate is to vote on any issue to be voted on by the Delegates;
the Delegate representing such Local Association shall cast all of the voting power in such
Local Association in the same proportion as the Members in such Local Association shall
have voted" for" and "against" such issue in person or by proxy regardless of the actual
number of votes cast at the Local Association meeting.
MASTER DECLAR:\ TlO~ - 13
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4.4.3 Yotin2 - General. 'When a Delegate is voting in such Delegate's own
1l.iscretion without instruction from the Members whom such Delegate represents, then such
Delegate shall cast all of the votes which such Delegate represents as a unit and may not
apportion some of such votes in favor of a given proposition and some of such votes in
opposition to such proposition. It will be conclusively presumed for all purposes that any
Delegate casting votes on behalf of the Membe~s of a Local Association will have acted with
the authority and consent of all such Members. All agreements and determinations lawfully
made oy the Master Association in accordance with the voting.procedures established herein,
and the Bylaws, shall be deemed to be binding on all Members, Owners, Grantor, and their
respective successors and assigns. :.
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Notwithstanding anything to the contrary contained herein, the Grantor, as the Class B.
<:' iIi Memoer of the Master Association and all Local Associations shall instruct t1& Grantor's Delegate
to cast the Grantor's votes, as Grantor, in its discfetion, shall determine.
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4.5 Meetin!!s of Local Associations. Each Local Association shall hold annual meetings
and special meetings as provided for in the Bylaws of such Local Association.
4.6 Man~gement. ~owers. Duties and Restrictions. Each Local Association shall be
managed by a Local Association Board of Directors gnd officers, and shall have the same powers,
dU!,ies and restrictions with respect to its Members or the property owned, managed or maintained
by it as provided in Section 3.5. including, without limitation, requiring Assessments, adopting rules
and regulations, granting easements, licenses and rights-of-way, payme~t of expenses, taxes, utility
charges, insurance premiums and the preparation and distribution' of budgets and financial
statements, except as modified herein or as modified by a Supplemental Declaration; provided,
however, that the Local Association Board may delegate all powers and duties which it deems
appropriate, and all Local Associations must levy all Assessments by and through the Master
Association. Each such Local Association shall certify to the Master Association the amount of such
Assessments a~d charges for collection. The Local Association Board, Members, committees,
officers, Grantor, o~ the M:nager, if any, shall be free of personall liability as to the Local
As~ociation in the same manner as described in Section 3.9 for the Master Association.
ARTICLE V: GOYER1'!At'!CE AND ADMINISTRATION:
DESIGN COMMITTEE
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5.1 Creation: Grantor's Ri2ht of Aooointment. Within thirty (30) days of the date on
which Grantor first con~ys a Lot to an Owner, Grantor shall appoint no less than three (3) and no
more than fi'ii'e (5) individuals to serve on a design committee (the "Design Committee"). Thereafter,
at any time, and from time to time, until such time as the Class B Member of the Master Association
is terminated, Grantor shall have the exclusive right, in Grantor'S discretion, to appoint, remove and
replace all members of the Design Committee. At such time as the Class B Member of the Master
Association is tem1inated, the Design Committee shall be divided into two committees consisting
of not less than three (3) and not more than five (5) individuals each: (1) the Initial Improvement
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Committee; and (2) the Subsequent Improvement Gommlttee. Heremafter, the term "Design
Committee" shall mean the Initial Improvement Committee and Subsequent Improvement
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Committee, whichever is appropriate given the context thereof. As long as Grantor owns a Lot
within the Property, Grantor shall continue to have the exclusive right to appoint, rembve and replace
all members of the Initial Impro~,ement Committee. Following termination of the Class B Member
of the Master Association, the Board shall have the right to appoint, remove and replace the
members of the Subsequent Improvement Committee. At such time as Grantor no longer owns a
Lot within the Property, the Board shall have the right to appoint, remove and replace all memb~rs
of the Design Committee. The Initial Improvement Committee shall be responsible for review and
approval of the initial residential Improvements proposed to be placed on any Lot pursuant to this
Article V. Following construction of a permanent residential Improvement on a Lot, any subsequent
Improvements on such Lot or any changes to any existing Improvements shall be submitted to the
Subsequent Improvement Committee for review pursuant to Article V. Local Associations shall not
establish design committees. If a vacancy on the Design Committee occurs and a permanent
replacement has not yet been appointtd, Grantor or the Board, as the case may be, may appoint an
acting Member to serve for a specified temporary period not to ~xceed one (1) year. A member of
the Design Committ~ need not ~ an Owner. Members of the Design Committee may be removed
immediately by the Person appointing them at any time without cause. Pursuant to Section 5.3
below, the Design Committee shall review, study, and either approve or reject the proposed
Improvements on the Property, all in compliance with the Master Declaration, any Supplemental
Declaration, and the Design Guidelines. The actions of the Design Committee in the exercise ofits
discretion by its approval or disapproval of the proposed Improvements on the Property, or with
respect to any other matter before it, shall be conclusive and binding on <i1l intt~rested parties.
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5.2 Appointment of Design Committee Representative. The Design Committee, prior
to the termination of the Class B membership in the Master Association, may appoint in writing one
(1) of its members to act as its designated representative (the "Committee Representative"). The
Committee Representative may be delegated all duties and obligations of the Design Committee.
In the event a Committee Representative is appointed, it is intended that the Design Cbmmittee shall
look to the Committee Representative to peFfonn all functions of the Design Committee; provided
however, the Design Committee shall make all final determinations and decisions regarding all
Design Committee duties and obligations. Any action or decision made by three (3) members of
the Design Committee shall be a binding decision of the entire Design Committee.
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5.3 Improvements Generallv. The initial Design Committee, as appointed by the Grantor,
shall draft the Design Guidelines for the construction and reconstruction of all Improvements on the
Property. No Improvements on any portion of the Property shall be constructed, reconstructed,
placed on or removed from the Property without prior written consent of the Design Committee, and
without being in compliance with the Project Documents and the Design Guidelines. The:'Design
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Guidelines shall be developed and used by the D~sign Gommittee to ensure that all Improvements
confolm and ham10nize as to external design, quality and type of construction, architectural
character, materials, color, location on the Building Envelope, height, grade and finish ground
eleva"tion, natural conditions, landscaping and all aesthetic considerations, including guidelines
designed to protect the special qualities of Woodbridge, and to encourage creative design, by
providing general architectural, design and construction guidelines (including Building Envelope
guidelines), landscape guidelines (including a description of existing, natural conditions and
vegetation)J\1 submittal and review procedures, and fees and charges for rev.ie\\". The Design
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i\I"J\STER DECL-\R-\ TIO)f - 15
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Guidelines shall be drafted to conform to this Master Declaration, the Articles and Bylaws, and must
be approved by the Board prior to implementation. In the event of a conflict between the Design
Guidelines and this Master Declaration, any Supplemental Declaration, the Articles and the Bylaws,
this Master Declaration, the Supplemental Declaration, the Articles or Bylaws, as the case may be,
shall govern. The content ofthe Design Guidelines may be modified and amended from time to time
as provided in the D7sign Guidelines, and in all events can be modified and changed by a majnrity
vote of the Board.':' Nothing contained'in this Article V limits any Owner's obligation and duty to
ensure that the Owner's Lot development is in compliance with this Master Declaration, any
Supplemental Declaration, the Design Guidelines, any other Project Documents or applicable city,
county and state laws, rules, regulations and ordinances.
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5.4 Expenses. All expenses of the Design Committee shall be paid by the Master
Association. The Design Committee shall have the right to charge a fee for each application
submitted to it for review in an amount which may be established by tne Design Committee from
time to time and such fees shall be collected by the Design Committee and remitted to the Master
Association to help defray the expenses ofthe Design Committee's operation, including 1!easonable
payment to each member ofthe Design Committee for their services as,.provided herein. The Design
eommittee fee shall be not less than $250.00 and not more than $1,500.00; provided however, that
in the event the Design Committee is reviewing maintenance, landscaping or remodeling
Improvements to any Lot, the Design Committee shall be able to reduce the Design Committee
review fee in its discretion. The Design Committee fees may also be increa~d from time to time
as necessary to reflect increases in the cost of the Design Committee's performance ofits duties and
responsibilities under this Section. -
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5.5 Non-Liabilitv ofDesiQJl Committee Members. Approval by the Design Committee
does not assure approval of the Improvements by any appropriate governmental or quasi-
governmental agency, board or commission. Neither the Design Committee nor any of its members
shall be responsible or liable to any Association or to any Person, Owner, or Grantor with respect
to any loss, li~ility, claim or expense which may arise by reason of any approval or denial of any
Improvements. Neither the Board, Design Committee or any agent thereof nor Grantor or any of its
partners, employees, agents or consultants shall be responsible in any way for any defects in any
plans or specifications submitted, revised or approved, nor for any structural or other defects in any
work done according to such plans and specifications. In any and all events, the design Committee
shall be defended, indemnified and held harmless by the Master Association in any such suit or
proceeding which may arise by reason of the Design Committee's decision. The Master Association,
however, shall not be obligated to defend, indemnify and hold harmless any member of the Design
Committee to the extent any such member of the Design Committee shall be adjudged (after
exhausting any appeal rights) to be liable for willful misconduct or bad faith in the performance of
such member's duty as a member of the Design Committee, unless and only to the extent that the
court in which such action or suit may be brought shall determine that, despite the adjudication of
liability, but in view of all circumstances of the case, such member is fairly and reasonably entitled
to indemnification and defense for such expense if such court shall deem it proper.
"'5.6 Variances. The Design Committee may authorize variances from compliance with
any of the Design Guidelines, including restrictions upon height, size, floor area or placement of
'" MASTER DECLAR,;\TIOVI -16
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stmctures, or similar restrictions, when circumstances such as topography, natural obstmctions,
hardship, aesthetic or environmental considerations may require. Such variances must be evidenced
in writing, must be signed by at least three (3) members of the Design Committee. Ifsuch variances
are granted, no violation of the covenants, conditions and restrictions contained in this Master
Declaration, any Supplemental Declaration or the Design Guidelines shall be deemed to have
occuIIed with respect to the matter for which the variance was granted. The granting of such a
variance shall not operate to waive any of the terms and provisions of this Master Declaration, any
Supplemental Declaration or the Design Guidelines for any purpose except as to the particular
property and particular provision hereof coverel~ by the variance, nor shall it affect in any way the
Owner's obligation to comply with all governmental laws and regulations affecting the Owner's use
ofthe Property, including but not limited to zoning ordinances and lot set-back lines orrequirements
imposed by any governmental or municipal authority. ~:
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- 5.7 Grantor's Exemption. Any and all Improvements constructed by Grantor on or to the
Property are not subject to review and approval by the Design.Committee.
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ARTICLE VI: ASSESSMENTS
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,;: 6.1 Covenant to Pav Assessments. By acceptance of a deed to any Lot, eaEh Owner of
such Lot thereby covenants and agrees to pay when due all Assessments or charges made by the
Master Association, and/or a Local Association, including all Regular, Special and Limited
Assessments and charges made against such Owner pursuant to the provisions of this Master
Declaration, any Supplemental Declaration or other applicable Project Document.
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6.1.1 Assessment Constitutes Lien. Such Assessments and charges together with
interest, costs and reasonable attorneys' fees which may be incurred in collecting the same,
shall be a charge on the land and shall be a continuing lien upon the property against which
each such Assessment or charge is made.
II
6.1.2 Assessment is Personal Obligation. Each such Assessment, together with
interest, costs and reasonably attorneys' fees, shall also be the personal obligation of the
Ow'ner of such property beginning with the time when the Assessment falls due. The
personal obligation for delinquent Assessments shall not pass to such Owner's successors in
title unless expressly assumed by them but shall remain such Owner's personal obligation
regardless of whether he or she remains an Owner.
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6.2 Uniform Rate of Assessment. All Assessments must be fixed at a uniform rate for
each type of Lot, but the basis and rate of Assessments fOi each type of use may be ~aried as
provided belo\'\M
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Lots shall be assessed on the basis appropriate for each type of use, as detem1ined by the
Board from time to time. The rate of Assessment levied against Lots within the various
Phases may be varied based upon the Board's sole and exclusive detern1ination that any
speci fic item in the applicable Association's budget may more directly benefit a certain Phase
of the Property in exc~-ss of its proportionate share, or that the applicable Association ha.s
i\1.-\STER DECLARo\TIOI'i -17
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provided services to such Phase in excess of those to other Phases within the Property,
provided, however, that such rate of Assessment shall be uniform, and proportionate to the
use within each Phase.
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6.3 Regular Assessments. All Owners are obligated to pay Regular Assessments to the
treasurer of the Master Association on a schedule of payments established by the Board. The Master
Association shall then pay to any Local Association its Assessments levied by and through the
)I Master Association.
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6.3.1 Purpose of Regular Assessments. The proceeds from Regular Assessments
are to be used to pay for all costs and expenses incurred by the applicable Local Association
and/or Master Association, including legal and attorneys fees and other professional fees, for
the conduct of its affairs, including without limitation the costs and expenses of construction,
improvement, protection, maintenance, repair, management and operation of the Common
Area, Restricted Area and Maintenance Property, including all Improvements located on
such areas owned and/or managed and maintained by the Associ~~ions (the "Operating
Expenses"), and an amount allocated to an adequate reserve fund to be used for repair,
replacement, maintenance and improvement of those elements of the Common Area,
Restricted Area and Maintenance Property, or other property of the Assd'tiations that must
be replaced and maintained on a regular basis (the "Repair Expenses"). The Operating
Expenses and the Repair Expenses, and any other expenses necessary to acquire all assets
and services and to otherwise carry out the powers, duties and responsibilities of an
Association, are collectively referred to herein as the "Expenses."
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6.3.2 Comoutation of Regular Assessments. An Association shall compute the
amount of its Expenses on an annual basis. The board of an Association shall compute and
levy the amount of Regular Assessments owed by its Members for the first fiscal year within
six (6) months following the month in which the closing of the first sale of a Lot occurs in
the Property for the purposes of the Master Association's and any Local Associations'
Regular Assessment (" Initiation Date"). Thereafter, the computation of Regular Assessments
by an Association shall take place not less than sixty (60) days before the beginning of each
fiscal year of an Association. The computation of the Regular Assessment for the period
from the Initiation Date until the beginning of the next fiscal year shall be reduced by an
amount which fairly reflects the fact that such period was less than one (1) year.
6.3.3 Amounts Paid bv Owners. The Board can require, in its discretion or as
provided in the Project Documents, payment of Regular Assessments to an Association in
monthly, quarterly, semi-annual or annual installments. Regardless of the installment
schedule adopted by the Board, the Board may bill for Assessments monthly, quarterly,
semi-annually or annually, at its discretion. The Regular Assessment to be paid by any
particular O\vner for any given fiscal year shall be computed as follows:
6.3.3.1 As to the Master Association's Regular Assessment, each Ovv.ner,
except for the Grantor, as provided further in Subsection 6.3.3.3 below, shall be
assessed and shakl pay an amount computed by multiplying the M-aster Association's
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total advance estimate of Expenses by the fraction produced by dividing the Lots
attributable to the Owner by the total number of Lots in the Property;
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6.3.3.2 As to any Local AssocIatIOn, each Owner who is also a Member of
such Local Association, except for the Grantor, as provided further in Subsection
6.3.3.3 below, shall be assessed and shall pay an amount computed by multiplying
such Local Association's total advance estimate of Expenses by the fraction produced
by dividing the number of Lots in such Local Association attributable to such Owner
by the total number of Lots in such Local Association; and
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6.3.3.3 For two (2) years following the date assessments for any Phase are
assessed against the Owners of Lots in such Phase, Grantor shall not be assessed any
Regylar Assessments for each Lot in such Phase of which Grantor is an Own~r.
However, during such two (2) year period, Grantor shall pay an amount equal to the
Operating Expenses shortfall of the applicable Asspciation for each Phase (the
"Shortfall Payment"), which Shortfall Payment shall be an amoun~less than or equal
to the Regular Assessments multiplied by the total nUJIIber of Lots in such Phase
ownec:\;hYiPrantor on the date Regular Assessments are assessed against the Owners
of Lots in such Phase. Grantor's Shortfall Payment in connection with such Phase "-
shall end two (2) years after the date assessments in such Phase begin. Thereafter,
Grantor shall be assessed Regular Assessments for each Lot in such Phase of which
Grantor is an Owner.
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6.4
Soecial Assessments.
6.4.1 Purpose and Procedure. In the event that the board of an Association shall
determine that its respective Regular Assessment for a given calendar year is or will be
inadequate to meet the Expenses of such Association for any reason, including, without
limitation, costs of construction, improvement, protection, maintenance, repair, management
and operation of Improv~ments upon the Common Area, Restricted Area or Maintenance
Property, attorney's fees and/or litigation!lcosts, other professional fees, or for any other
reason, the board thereof shall detennine the approximate amount necessary to defray such
Expenses and levy a Special Assessment against the portions of the Property within its
jurisdiction which shall be computed in the same manner as Regular Assessments. The
board of an Association shall, in its discretion, determine the schedule under which such
Special Assessment \vill be paid.
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6.4.2 Consistent Basis of Assessment. Every Special Assessment levied by and for
an Association shall be levied and paid upon the same basis as that prescribed for the levying
and payment of Regular Assessments for such Association. ..
6.5 Limited Assessments. Notwithstanding the above provisions with respect to Regular
and Special Assessments, a board of an Association may levy a Limited Assessment against a
Member anornr such Member's Lot as a remedy to reimburse the Association for costs incurred in
bringing the Member and/or sllch Member's Lot into compliance with the pro%iisions of the Project
MASTER DECLAR~TlOi'i -19
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Documents, for damage caused by the Merqper, or any member of the Member's family,
representatives or invitees, to any Common Area, Restricted Area, Maintenance Property or any
other portion ofthe Property, for the operation, maintenance, repair and replacement of the Common
Driveway Lots, or for otherwise providing any goods or services benefitting less than all Members
or such Members' Lots.
6.6 Assessment Period. Unless otherwise provided in the Project Documents, the
Assessment period for all Associations shall be determined by the Board. The first Assessment shall
be pro-rated according to the number of months remaining in the fiscal year and shall be payable in
equal installments or in a single payment due at closing on the sale ofa Lot, at the discretion of the ",
Board.
6.7 Notice and Assessment Due Date. Except with regard to the first Assessment, thirty
(30) days prior written notice of Regular and Special Assessments shan be sent to the Owner of
every Lot subject thereto, and to any Person in possession of such Lot by the Master As~ociation.
The Mas~r Association shall determine if payments for all Assessments shall be due monthly,
quarterly, semi-annually or annually. The Assessment installment schedule shall be the same for all
Association Assessments. The due dates for installment payment of Regular Assessments and
Special Assessments shall be the first day of each month unless some other due date is established
by the Board. Each monthly installment of the Regular Assessment or Special Assessment shall
become delinquent if not paid within ten (10) days after the levy thereof. There may accrue, at the
Board's discretion, with each delinquent installment payment a late charge equal to ten percent (10%)
of the delinquent installment. In addition, each installment payment which is delinquent for more
than twenty (20) days may accrue, at the Board's discretion, interest at eighteen percent (18%) per
annum calculated from the date of delinquency to and including the date full payment is received
by the Master Association. The Master Association may bring an action against the delinquent
Owner and may foreclose the lien against such Owner's Lot as more fully provided herein. Each
Owner is personally liable for Assessments, together with all interest, costs and attorneys' fees, and
no Owner may be exempt from such liability by a waiver of the use and enjoyment of the Common
Area, or by lease or abandonment of such Owner's Lot.
6.8 EstoDoel Certificate. The Master Association, upon at least twenty (20) days prior
\vritten request, shall execute, acknowledge and deliver to the Person making such request, a
statement in writing stating whether or not, to the knowledge of the Master Association, a particular
O\'lher is in default under the provisions of this Master Declaration, and further stating the dates to
\vhich any Assessments have been paid by the Owner. Any such certificate delivered pursuant to
this Article VI may be relied upon by any prospective purchaser or mortgagee of the Owner's Lot.
Reliance on such Certificate may not extend to any default as to \\!!hich the signor shall have had no
actual kno\\'ledge.
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6.9 Soecial Notice and Quorum Requirements. Notwithstanding anything to the contrary
contained in the Project Documents, written notice of any meeting called for the purpose oflevying
a Special Assessment by an Association, or for the purpose of obtaining a membership vote in
connection with an increase in the Regubr Assessment shall be sent to .all Members of an
Associ~ion and to any P.erson in possession of a Lot in the applicable Phase, not Il!!s~ than fifteen
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l\l.-\STER DECLARATlO~ - 20
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(15) days nor more than thirty (30) days before such meeting. At the first such meeting called, the
presence of Members or of proxies entitled to cast forty percent (40%) of the total votes of the
Association shall constitute a quorum. Ifsuch quorum is not present, subsequent meetings may be
called subject to the same notice requirement, and the required quorum at the subsequent meetings
shall be fifty percent (50%) of the quorum required at the preceding meeting. No such subsequent
meeting shall be held more than thirty (30) days following the preceding meeting.
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ARTICLE VII: ENFORCEMENT OF ASSESSMENTS; LIENS
7.1 Right to Enforce. The Master Association has the right to collect and enforce its
Assessments and the Assessments made by any Local Association which are certified to the Master
Association created hereby and pursuant to the- pro,::~sions hereof. Each Owner of a Lot, upon
becoming an Owner of such Lot, shall be deemed to covenant and agree to pay each and every
Assessment provided for in this Master Declaration and agrees to the enforcement of all Assessments
in the manner herein specified. In the event an attorney or attorneys are employed for the collection
of any Assessment, whether by suit or otherwise, or to enforce compliance with or specific
performance of the terms and conditions of this Master Declaration, eactt Owner agrees to pay
re~sonable attorney's fees in addition to any other relief or remedy obtained against such Owner.
The Board or its authorized representative may enforce the obligations of the Owners to pay such
Assessments by commencement and maintenance of a suit at law or in equity to enforce the liens
r created hereby. A suit to recover a money judgment for an unpaid Assessment shall be maintainable
~<iJ.: without foreclosing or waiving the lien hereinafter provided.
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7.2 Assessment Liens.
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7.2.1 Creation. There is hereby created a claim of lien on each and every Lot to
secure payment of any and all Assessments levied against such Lot pursuant to this Master
Declaration together with interest thereon at the maximum rate permitted by law and all costs
of collection which may be paid or incurred by the Master Association making the
Assessment in connection therewith, including reasonable attorneys' fees. All sums assessed
in accordance with the provisions of this Master Declaration shall constitute a lien on such
respective Lots upon recordation of a claim oflien with the Ada County Recorder's Office.
Such lien shall be prior and superior to j,lll other liens or claims created subsequent to the
recordation of the notice of delinquency and claim of lien except for tax liens for real
property taxes on any Lot and Assessments on any Lot in favor of any municipal or other
;, governmental assessing body ~hich, by law, would be superior thereto.
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7.2.2 Claim of Lien. Upon default of any Owner in the payment of any Regular,
Special or Limited Assessment issued hereunder, the ~'laster Association may cause to be
recorded in the Ada County Recorder's Office a claim of lien. The claim of lien shall state
the amount of such delinquent sums and other authorized charges (including the cost of
preparing and recording sllch notice), a sufficient description of the Lot(s) against \ihich the
same have been assessed, and the name of the record Owner thereof. Each delinquency shall
constitute a separate basis for a notice and claim oflien, but any number of defaults may be
included within a single notice and claim of lien. Upon payment to the NIaster A"ssociation
MASTER DECL..\R\TIOi'i - 21
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of such delinquent sums and charges in connection therewith or other satisfaction thereof,
the Master Association shall cause to be recorded a further notice stating the satisfaction of
relief of such delinquent sums and charges. The Master Association may demand and
receive the cost of preparing and recording such release before recording the same.
7.3 Method of Foreclosure. Such lien shall be foreclosed by appropriate action in court.
7.4 Subordination to Certain Trust Deeds. The lien for the Assessments provided for
herein in connection with a given Lot shall not be subordinate to the lien of any deed of trust or
mortgage except the lien of a deed of trust or first mortgage given and made in good faith and for
value that is of record as an encumbrance against such Lot prior to the recordation of a claim oflien
for the Assessments. Except as expressly provided in this Article VII, the sale or transfer of any Lot
shall not affect the Assessment lien provided for herein, nor the creation thereof by the recordation
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of a claim oflien, on account of the Assessments becommg due whether before, on, or after the date
of such sale or transfer, nor shall such sale or transfer diminish or defeat the personal obligation of
any Owner for delinquent Assessments as provided for in this Master Declaration.
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7.5 Rights of Mortgagees. Notwithstanding any other provision of this Master
Declaration, no amendment of this Master Declaration shall operate to defeat the rights of the
beneficiary under any deed of trust or a mortgagee under any mortgage upon a Lot made in good
faith and for value, and recorded prior to the recordation of such amendment, provided that after the
foreclosure of any such deed of trust or mortgage such Lot shall remain subject to this Master
Declaration as amended.
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ARTICLE VIII: RlGHTS TO COMMON AREAS, RESTRlCTED AREAS
AND MAINTENAl'\fCE PROPERTY
8.1 Use of Common Area. Every Owner, unless expressly designated by Grantor in a
Supplemental Declaration, shall have a right to use each parcel of the Common Area, and
Maintenance Property and to the extent permitted by any Supplemental Declaration or other
instrument, shall have a right to use each parcel of Local Common Area owned and/or managed by
a Local Association of which such Owner is a Member, which right shall be appurtenant to and shall
pass with the title to every Lot subject to the following provisions: .
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8.1.1 The right of an Association holding or controlling such Common Area or
Maifl\tenance Property to levy and increase Assessments for the construC'Jion, protection,
maintenance, repair, management and operation oflmprov~ments on the Common Area and
Maintenance PropertY1' induding the right to Special Assessments;
II
8.1.2 The right of an Association to suspend the ~oting rights and rights of use, or
interest in, the Common Area or Maintefl.!,1nce Properl~' by an Ov./ner for any period during
which any Assessment or charge against such OVlner's Lot remains unpaid, and for a period
not to e~ceed sixty (60) days for any infraction of the Association Rules;
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8.1.3 The right of an Association to dedicate or transfer all or any part of the
Common Area to any public agency, authority or utility or other Person for such purposes
and;~subject to such conditions as may be permitted by the Project Documents; provided
however, that no such dedication or transfer shaLl be effective unless an instrument agreeing
to such dedication or transfer signed by at least two-thirds (2/3) of the Class B and Class C
Members has been recorded;... ~
8.1.4 The right of such Association to prohibit the construction of Improvements
on all Common Areas or Maintenance Property;
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8.1.5 Common Area&,;may be used by the Public as established from time to time
by Grantor on any portion of the Property by describing such area on a recorded Plat, by
granting or reservin~ it in a deed or other instrument, or by designating it as such in this
Mkter Declaration or in any Supplemental Declaration;
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8.1.6 Members/Owners shall not be entitled to use those areas established from
time to time by Grantor on any portion of the Property as Restricted AIea, unless expressly
allowed by the Master Associ~tion or this Master Declaration or in any Supplemental
Declaration; and
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8.1.7 The Common Area cannot be mortgaged or conveyed without the approval
of the Owners, excluding the Grantor, of at least two-thirds (2/3) of the total voting power
in the Master Association as cast by th~ Delegates. Ifingr~s or egress to any Lot is through
the Common Area, any conveyance or encumbrance of the Common Area shall be subject
to an easement of the Owners of such Lots for the purpose of ingress and egress.
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8.2 Desi2:nation of Common Area. Restricted Area and Maintenance Propertv. Grantor
shall designate and reserve Common Area, Restricted Area, Local Common Area aner-Maintenance
Property in the Master Declaration, Supplemental Declarations and/or recorded Plats, deeds or other
instruments. ., '" (' ~
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8.3 Dele2:ation ofRi2:ht to Use. Any Owner may dele2:ate, in accordance with the Project
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Documents, such Owner's right of enjoyment to the Common Area or the Local Common Area, to
the members of such Owner's family in residence, and such Owner's tenants or contract purchasers
\~'ho reside on such Owner's Lot. Only Grantor or an Association shall have the right to delegate the
right of enjoyment to the Common Area or the Local Common Area, to the general public, and such ..
delegatiQ.n to the general public shall be for a fee set by Grant@r or an Association.
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8.4 Dama2:es. Each Owner shall be fully liable for any damage to any Common Area
. ,
Restricted Area or Maintenance Property which may be sustained by reason oPthe negligence or
willful misconduct of the O\\lmer, such Owner's resident tenant or contract purchaser, or sllch
Owner's family and guests, both minor and adult. In the case of joint o\vnership ofa Lot the liability
of such Q\vners shall be joint and several. The cost of correcting such damage shalh;be a Limited
Assessment against the Lot and may O€ collected as provided herein for the collection of other
Assessments,
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i\IASTER DECLARA TIO:'\ - 23
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8.5 AssOciation's Responsibilitv. The Master Association shall maintain and keep the
Common Area, Restricted Area and Maintenance Property in good repair, such maintenance to be
funded as provided in this Master Declaration. This maintenance shall include, without limitation,
maintenance, repair, and replacement, subject to any insurance then in effect, of all landscaping and
other flora, structures, and Improvements situated within the Common Area, Restric~.ed Area and
Maintenance Property. ?:
ARTICLE IX: GENERAL AND SPECIFIC RESTRICTIONS
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9.1 Improvements - Generallv. All Improvements shall be designed, constructed and
used in such a manner as to"promote compatibility between the.types of uses contemplated by this
Master Declaration. Specific design and construction guidelines are dmtained in the Design
Guidelines. The Design Guideline~ ang the general instructions set forth in this Master Declaration
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shall govern the right of a P8rson or Owner, excluding the Grantor, to construct, reconstruct, refinish,
remove, add, alter or maintain any Improvement upon, under or above the Property, and to make or
create any excavation or fill on ~.he Property, or make any change in the natu~al or existing surface
contour or drainage, or install any utility line or conduit on, under or over the Property, including,
without limitation, any Lot. All Improvements by any Owner, excluding Grantor, must be pre-
approved in writing by the Design Committee prior to their construction or reconstruction. In the
event any Improvements are damaged or completely destroyed, the Owner shall repair or reconstruct
such Improvements in accordance with the Design Guidelines governing such repair or
reconstruction. No Lots, other than those owned by Grantor, shall be permitted to remain in an
unimproved condition, unless the Owner has received prior written approval from the Design
Committee for a landscape plan. J:;
All Lots shall be used exclusively for residential purposes and other appropriate uses
permitted under any zoning ordinances applicable to the Property, provided such other appropriate
uses are in compliance with the CUP and the Development Agreement. No Lot, other than the
Lot(s) used for irrigation or utility facilities and services, shall be improved except with residential
structures and accessory structures as permitted under the Design Guidelines. This Master.
Declaration is not intended to serve as authority for the Design Committee to control the interior
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layout or design of residential structures except to the extent incidentally necessitated by use, size
and height restrictions. This Master Declaration is intended to serve as authority for the Design
Committee to use its judgment to see that all Improvements conform and harmonize as to external
design, quality and type of construction, architectural character, materials, color, location on the
Property, height, grade and finished ground elevation, natural conditions, landscaping, and all
aesthetic considerations as set forth in this Master Declaration and in the Design Guidelines.
The Master Association or any affected Local Association, after reasonable notice to the
offender and/or to the Owner, may remove any Improvement constmcted, reconstmcted, refinished,
removed, added, altered or maintained in violation of this Master Declaration and/or the Design
Guidelines and the Owner of the Improvements shall immediately reimburse the applicable
Association for all expenses incurred with such removal. Each violation of this Master Declaration
and the Design Guidelines is hereby declared to be and to constitute a nuisance, and every public or
MASTER DECLARATIO!l\ - t~
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9.2 Exterior Maintenance: Owner's Oblilwtions. No Improvement shall be permitted to
fall into disrepair, and each Improvement shall at all times be kept in good condition and r~pair. In
the event that any Owner shall permit any Improvement, including trees and lantlscaping, which is
the responsibility of such Owner to.maintain, to fall into disrepair so as to create a dangerous, unsafe,
unsightly or unattractive condition, or damages property or facilities on or adjoining his or her Lot,
the applicable Local Association of which such Owner is a Member (or the Master Association if
the applicable Associ~ation fails to act or ifno applicable Association exists), upon thirty (30) days'
prior written notice to the Owner of such property, shall have the right to correct such condition, and
to enter upon such Owner's Lot for the purpose of doing so, and such Owner shall promptly:..,
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reimburse the applicable Association for the cost thereof. Such cost shall be a Limited Assessment
and shall creatl(. a lien enforceable in the same manner as other Assessments as set forth herein. The
Owner of the ~ffending property shall be personally liable, and such Owner's property may be
subiect to a mechanic's lien for all costs and expenses incurred by the Association in takina such
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corrective acts, plus all costs incurred in collecting the amounts due. Each Owner shall pay all
amounts due for such work within ten (10) days after receipt of written demand tHerefor, or the
amounts may, at the option of the Board, be added to the amounts payable by such Owner as Regular
Assessments. "
9.3 Landscaoim~. The Design Committee shall adopt guidelines regulating landscaping
permitted and required. In the event that any Owner shall fail to install and maintain landscaping
in conformance with such guidelines, or shall allow such Owner's landscaping to deteriorate to a
dangerous, unsafe, unsightly or unattractive condition, the applicable Local Association of which
sucq Owner is a Member (or the Master Association if the applicable Local Association fails or
otherwise elects not to act or ifno applicable Local Association exists), upon thirty (30) days' prior
written notice to such Owner, shall have the rigpt to correct such condition and to enter upon such
Owner's property for the purpose of doing so, and such Owner shall promptly reimb\.frse the
applicable Local Association for the cost thereof. Such cost shall be a Limited Assessment and shall
create a lien enforceable in the same manner as other Assessments as set forth herein. The Owner
~fthe offending property shall be personally liable, and such Owner's property may be subject to a
mechOlanic's lien for all costs and expenses incurred by the Association in taking such corrective acts,
plus all costs incurred in collecting the amounts due. Each OVyjner shall pay all amounts due for such
work \'(.,ithin ten (10) days after receipt of written demand therefor, or the amounts may, at the option
of the Board, be added to the amounts payable by such Owner as Regular Assessments.
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9.4 Mailboxes. Any mailbox or mailbox post or stmcture constmcted by Grantor on a
Lot for the purpose of providing a receptacle for mail deli'Zered solely to that Lot, shall be deemed
the property of the O\vner of such Lot. The Owner shall maintain, repair and replace such mailbox,
mailbox post or stmcture in good condition and repair, and of the same quality: and design: at such
O\~ner's sole cost and expense. '"
9.5 Nuisances. Nt> rubbish or debris of any kind shall be placed or pemlitted to
accumulate any;when! upon the Property, including the Common Area and Restricted Area or vacant
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Lots, and no odor shall be permitted to arise from any portion of the Property so as to render the
Property or any portion thereof unsanitary, unsightly, offensive or detrimental to the Property or to
its occupants or residents, or to any other property in the vicinity thereof or to its occupants or
residents. No business or home occupation, no noise, no exterior fires, no obstructions of pedestrian
walkways, n9. unsightliness, or other nuisance shall be permitted to exist or operate upon any portion
of the Property so as to be offensive or detrimental to the Property or to its occupants or residents
or to mher property in the vicinity or to its occupants or residents, as determined;by an Associatiop,
in its reasonable judgment, or in violation of any federal, state or local law, rule, regulation or
ordinance. Without limiting the generality of any of the foregoing, no whistles, bells or other sound
devices (other than security devices used exclusively for security purposes which have been
approved by the Desigri'Committee), flashing lights or search lights, shall be located, u~d or placed
on the Property without the prior written approval of the Design Committee. No unsightly articles
shall be permitted to remain on any Lot so as to be visible from any other portion of the Prol'erty~
Without limiting the generality of the foregoing, refuse, garbage, trash, equipment, gas canisters,
proppne .gas tanks, barbecue equipment, heat pumps, compressors, containers, lumber, firewood,
grass, shrub or tree clippings, plant ways, metals, bulk material, and scrap shall be kept at all times
in such containers and in areas approved by the Design Corrunittee. No clothing or fabric shall be
hung, dried or aired in such a way as to be visible to any other portion of the Property.
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9.6 No Hazardous Activities. No activities shall be conducted on the Property, and no
Improvements shall be constructed on any Property which are or might be unsafe or hazardous to
any Person or property. t.i
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9.7 No Mining or Drilling. No portion of the Property shall be used for the purpose of
blasting, mining, quarrying, drilling, boring or exploring for or removing water, oil, gas or other
hydrocarbons, minerals, rocks, stones, sand. gravel or earth. This Section 9.7 shall not prohibit
exploratory drilling or coring which is necessary to construct Improvements.
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.Go! 9.8 Insurance Rates. Nothing shall be done or kept on any Lot which will increas&'the
rat~ of, or cancel any insurance on any other portion of the Property without the approval of the
O\-~ner of such other portion, nor shall anything be done or kept on the Property or a Lot which
would result in the cancellation of insurance on any portion of the Property owned or managed by
any Association or which would be in violation of any law.
9.9 Vehicles and Equipment. The use of all vehicles and ~quipment, including, \-vithout
limitation, tnicks, automobiles, bicycles, motorcycles, recreational vehicles, all-terrain vehicles,
m<Mor homes, motor coaches, campers, trailers, sno\'lrnobiles, aircraft, boats, snO\\~ remoyal
equipmen~. garden maintenance equipment, and yard maintenance equipment shall be subject to any
of the Project Documents which prohibit or limit the use thereof within the Property. Without
limiting the foregoing, the following speci fie restrictions apply: 1) all on-street parking shall be
limited to those specific areas where on-street par~ing is not expressly prohibited by the
govemmental or quasi-govemmental agencies with responsibility therefor; 2J'whicles shall not
extend or otherwise bEr-permitted on or into any sidewalk, bicycle path, pedestrian path, or Waterw,ny
unless such 'ltchicle is engaged in an emergency procedure, or as pro\~lded elsewhere in the Project
Documents; 3) no motor homes, motor coaches, campers, trailers, snowmobiles. aircr~lf~a boats~,
MASTER DECL.I\.R-\TIO:\ - 26
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recreational vehicles, all-terrain vehicles, Abandoned or Inoperable V ehicle~ Oversized Vehicles,
dilapidated or unrepaired and unsightly vehicles or similar equipment stich as snow removal
equipment, garden maintenance equipment and all other unsightly equipment and machinery shall
be placed upon any portion of the Property including, without limitation, streets, parking areas and
driveways, unless the same are enclosed by a structure concealing them from view in a manner
approved by the Design Committee; 4) to the extent possible, garage doors shall remain closed at
all times; and 5) the use of any electronic, gas or other fuel operated gardening, yard or snow
removal equipment shall only be allowed from 8:00 a.m~ to 8:00 p.m.
9.10 AnimalsfPets. No animals, birds, insects, pigeons, poultry or livestock shall be kept
on the Property, except as provided in any Supplemental Declaration. This~ection 9.10 is not
intended to prohibit the keeping of domesticated dogs, domesticated cats, and other household pets
which do not unreasonably bother or constitute a nuisance to others as determined by the Board or
applicable Local Association B~ard, in its reasonable judgment, and are kept in compliance with the
laws and ordinances .of the City of Meridian. 'Without limiting the genlltrality of the foregoing,
consistent andlor chronic barking by dogs, and/or an Owner's failure to clean-up the excrement of
that Owner's dog shall be considered a nuisance. Each dog in the Property ~hall be subject to all
"leash laws" of the eity of Meridian when such animal is off the premises of its owner. Animal
structures are governed by the Design Guidelines.
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9.11 No Mobile Homes or Temoorarv Structures. No house trailer, mobile home, tent
(other than for short term recreational use), shack or other temporary building, improvement or
structure shall be placed upon any portion of the Propertwexcept temporarily as may be required
by constmction activity undertaken on the Property.
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9.12 Drainae:e. There shall be no interference with the established drainage pattern over
any portion 0 fthe Property, unless an adequate alternati ve provision is made for proper drainage and
is first approved in writing by,.the Design Committee. For the purposes hereof, "established"
drainage is defined as the system of drainage, \vhether natural or otherwise, \vhich exists at the time
the overall grading of any portion of the Property is completed by Grantor, or that drainage which
is shown on any plans approved by the Design Committee, which may include drainage from
Common Area and Restricted Area over any Lot in the Property.
9.13 Gradin~. The Owner of any Lot within the Property in which gf3.ding or other work
has been performed pursuant to a grading plan approved under applica~l~rovisions of the Meridian
City Code or by the Design Committee, shall maintain and rep:ir all graded surfaces and~rosion
prevention devices, retaining walls, drainage structures," mea'ns or devices which are not the
responsibi lity of any public agency, and plantings and ground cover installed or completed thereon.
Such requirements shall be subject to Regular, Special. and limited Assessments provided for
herein.
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9.1~ Water SUPDI\' Svstems. Nri'separate or individual water supply system, regardless
of the proposed use ofthe water to be deli~l~d by such systel1l!lshall he pem1itted on any Lot unless-
such s~tem is approved by all govemn'Rlllt authorities having jurisdietion, and designed, located,
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constructed and equipped in accordance with the requirements, standards and recommendations of
the Design Committee and Grantor (so long as Grantor owns one or more Lots).
9.15 Sewa2:e DisDosal Svstems. !lNo individual sewage disposal system shall be used on
the Property. Each Owner shall connect the appropriate facilities on sllch Owner's Lot to the
Meridian Se\~er system and pay all charges assessed thereon. t-:
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9.16 \Vater Ri2:hts AODurtenant to Subdivision Lands. Grantor owns certain water rights
which are appurtenant to the Property and which may be utilized in the dual irrigation system which
will supply non-potable irrigation water to the Property. Grantor hereby reserves unto itself any and
all water rights appurtenant to the Property, and accordingly, Owners of any and all Lots shall have
no right, title or interest in any of said water or water rights. ...
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9.17 Energv Devices. Outside. No energy production devices, including, without
limitation, generators of any kind and solar energy devices, shall be constructed or maintained on
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any portion of the Property without the written approvak of the Design Committee, except for
mechanical equipment shown in the plans approved by the Design Committ~e. This Section 9.17
shall not apply to passive solar energy systems incorporated into the approved design of a residential
structure.
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9.18 Silffis. No signs of any kind, including, without limitation, "for sale" and "open
house" signs, shall be displayed on or from any portion of the Property except those signs approved
by the Design Committee, or signs of Grantor or its representatives, agents, employees or assigns,
or signs required by law.
9.19 Antennae. All exterior radio antenna, television antenna, satellite dish antenna or
other antenna of any type shall be screened by a fence, landscaping or similar structures in
accordance with the Design Guidelines, or as otherwise required to ensure the safety of the residents
of the Propeny, except that screening shall not be required where it would unreasonably delay
installation or unreasonably increase the cost of installation, maintenance or use of the antenna'e, or
preclude the reception of an acceptable quality signal. No antennae may be installed until after an
Owner has Jieceived Design Committee approval for construction of residential Improvements on
the O\vner's Lot. iJ!
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9.20 )\;'0 Further Subdivision. No Lot may be further subdi\\4ided unless expressly
approwed in w.riting by Grantor, so long as Grantor owns a Lot in the Property, an4the Board of the
Master Association. Any such further subdi'tision shall be consistent wi th all applicable city, county
and state la\\~, niles, regulations and ordinances. ~
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9.21 Leasin2:. The Owner of a Lot shall have the right to lease such Lot and residential
d\'idling tlwreon, subject to the following conditions: 1) all leases shall be in \\'riting and a copy
_ shall be provided to the Master Association; 2) the lease shall be specific,dly subject to the Project
:.... ,,' Documents, and any failure of a tenant to comply with the Project Documents shall be a defaultl'
under the Lease; and 3) the O\;J'ner shall be liable for any ~iohttiol1 of the Project Documents
committed bY' the tenants of the Owner, without prejudice to the Owner's right to collect any sums
i\L\STER DE Gt--AR;--\ TI~J'- 28
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paid by the Owner on behalf of the tenant. In all events, a tenant shail not be considered a Member
or otherwise eligible to vote in any Association.
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9.22 Grantor's Right of Development. Nothing contained in this Master Declaration shall
limit the ~ht of Grantor to grant licenses, to reserve rights-of-ways and easements for utility
companies, public agencies or others, or to complete excavation, grading and construction of
Improvements to and on any portion ofthe property'bwried by Grantor, or to alter the foregoing and
its construction plans and designs, or to construct such additional Improvements as Grantor deems
advisable in the course of development ofthe Property or Woodbridge. Such right shall include, but
shall not be limited to, erecting, constructing and maintaining on the Property such structures and
displays as may be reasonably necessary for the conduct of Grantor's business of completina the ·
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work and disposing of the same by sales, lease or otherwise. Grantor shall have the right at any time
prior to acquisition of title to a Lot by a purchaser to grant, establish and/or reserve on Jhat Lot
additional licenses, reservations and rights-of-way to Grantor, to fttility companies, or to others as
may from time to time be reasonably necessary for the proper dev~lopment and disposal of the
Property. Grantor may use any structures owned or controlled by Grantor on the Property as model
home complexes or real estate sales or leasing offices. Grantor need not seek or obtain Master
Association, Local Association or Design Committee approval of any Improvement constructed or
placed by Grantor, or its affiliated entities, on any portion of the Property. The rights of Grantor
hereunder may be assigned by Grantor to any successor in interest in connection with Grantor's
interest in any portion of the Property, by an express written assignment recorded in the Ada County
Recorder's Office.
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Grantor, in Grantor's discretion and in accordance with all applicable City of Meridian zoning
laws, 'he CUP and the Development Agreement, ma~ amend and modify the Development Plan.
By acceptanc<1. of a deed to any portion of the Property" each Owner of such Lot thereby -
acknowledges and-agrees.the Development Plan for the Property may be amended, modified or
changed in Grantor's discretion, so long as the Development Plan is consistent with the City of
Meridian's zoning laws, the CUP and the Development Agreement. Each Owner by acceptance of );
a deed to any Lot or other portion of the Property agrees that such Owner shall not object to or
oppose any development of any portion of the ,~roperty, Woodbridge or other property owned by
Grantor and annexed to the Property. Such agreement not to oppo~e development is a material
consideration to the conveyance of any portion of the Property by Grantor to any and all Owners.
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Nb provision of this Master Declaration shall be construed as to pre'<'ent or limit Grantor"s
right to complete development of the "Property or Woodbridge, including-any subdivision or
resubdivision of the Property or Woodbridge, or to construct Improvements thereon, nor Grantor's
right to maintain model homes, construction, sales o,~ leasing offices or similar facilities on any
portion of the Property or Woodbridge, including the Common Area, Restricted Area or any public
right-of-way. nor Grantor's right to post signs incidental 10 construction, sales or leasing.
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~ 9.23' Comoliance\vithLaws. Subject to the rights of reasonable contest, each Owner shall
promptly comply with the provisions of all applicable la\'t$, regulations!): ordinances and other
govemment'@.1 or quasi-goliemmcntal regulations w:ith respect to all or any portion of the Property.
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including, without limitation, any and all portions of the Property subject to regulation by the U.S.
Army Corps of Engineers as wetlands areas.
ARTICLE X: .EASEMENTS
10.1 Owners: Easements ofEniovment. Every Owner shall have a nonexclusive easement
for the use and enjoyment of the Common Area which shall be appurtenant to and shall pass with
the title to every Lot, subject to the Restrictions set forth in this Master Declaration, as supplemented
and amended from time to time. iN;
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10.2 Delegation of Use. Any Owner may delegate, in accordan~e with the Project
Documents, such Owner's right of enjoyment in the Common Area, to such Owner's tenants,
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employees, family, guests or mVltees.
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10.3 Recorded Easements. The Property, and all portions thereof, shall be subject to an
easements shown on any recorded ;Plat affecting the Property, or any portion thereof, and to any'~
other easements ofrecord or of use. ~
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10.4 Easements of Encroachment. There shall be reciprocal appurtenant easements of
encroachment as between each Lot and such portion-lli)r portions of the Common Area or Restricted
Area adjacent thereto, or as between adjacent Lots, due to the unwillful placement or settlirfg or
shifting of the Improvements including, without limitation, structures, walkways, bike paths,
sidewalks and driveways constructed, reconstructed or altered thereon in accordance with the terms
ofthis Master Declaration. Easements of encroachment shall be valid only so long as they exist, and
the rights and obligations of Owners shall not be altered in any way because of encroachments
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settling or shifting of the Improvements; provided, however, that in no .event shall a valid easement
for encroachment occur due to the willful or bad faith act(s) of an Owner. In the event a structure
on any Lot is partially or totally destroyed, and then repaired or rebuilt, the Owners of each Lot algree
that minor encroachments within and over adjoiningJ.ots that existed prior to the encroachment may
be reconstructed pursuant to the easement granted by this Section 10.4.
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10.5 Maintenance and Use Easement Between Walls and Prooertv. \Vhenever the wall of
a structure, a fence, eave or overhang constructed on a Lot pursuant to the Design Committee's
approval is located \vithin three (3) feet of the property line of such Lot, the O\\"I1er of such Lot is
hereby granted an easement over and on the adjoining Lot (not to excee'd three (3) feet from the
property line of the Lot) for purposes of maintaining, repairing or repl~cing such wall, fence, eaves
or other overhangs, and the Owner of such ~djoining Lot is hereby granted an easement for
landscaping purposes over and on the area lying between the property line ana Stich strtlcture or -
fence so long as such use does not cause damag~ to the structure or fence.
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10.6 Party Walls. Lots may include Pmjy Walls. To the extent any Party Wall exists,
there is hereby created a common reciprocal easement for the location of such Party Wall. Each
Owner shall have the right to use the surface of any Party Wall contained within the interior orthe
O\vner's Lot, provided th::1t an Owner shall not drive, place or calise to be c1ri\'en or placed any nail,
bolt, scre\\' or other object into a Party Wall which Pinetratcs a Party 1'?~1l equal to or greater than
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the Party \Valls' width. The Owner shall respectively own to the centerline of any Party Wall. The
cost of reasonable repair and maintenance of a Party Wall shall be shared equally by the Owners of
such Party \Vall. Such Party Wall shall be maintained in good condition by the OVv"ners thereof, free
of stmctural defects and using reasonable care to avoid injury to the adjoining property.
Notwithstanding any other provisions in this Section 10.6, an Owner who by negligent or Jvilful
act(s) causes a Party Wall to be damaged and/or exposed to the elements shall bear the whole cost
of furnishing the necessary protection against such elements and/or repair to such Party'''Wall. If
such Party \Vall is destroyed or damaged by fire or other casualty, either Qwner may restore such
Party Wall and the other Owner shall contribute one-half (Yz) of the cost of such restoration. This
right of contribution shall be without prejudice to any right to call for a larger contribution under any
,,,. rule oflaw regarding liability for negligent or wilful acts or omissions.
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10.7 Easements of Access. Grantor expressly reserves for the benefit of aU the Property
reciprocal easements of ingress and egress for all Owners to and from their respective Lots for
installation and repair of utility services, for drainage of water over, across and upon adjacent Lots, 'I
Common Areas and Restricted Areas resulting from the normal use of adjoining Lots, Common
Areas or Restricted Areas, and for necessary maintenance and repair of any Improvement including,
without limitation, fencing, retaining walls, lighting facilities, mailboxes and sidewalk abutments,
trees and landscaping. Such easements may be used by Grantor, and by all Owners, their guests,
tenants and invitees, residing on or temporarily visiting the Property, for pedestrian walkways,
vehicular access and such other purposes reasonably necessary for the use and enjoyment of a Lot
or Common Area.
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10.8 Drainage and Utilitv Easements. Notwithstanding anything expressly or impliedly
conta1ned herein to the contrary, this Master Declaration shall be subject to all easements heretofore
or hereafter granted by Grantor for the installation and maintenance of utilities and drainage facilities
that are required for the development of the Property or Woodbridge. In addition, Grantor hereby
reserves for the benefit of any Association the right to grant additional easements and rights-of-way
over the Property or Woodbridge, as appropriate, to utility companies an~ public agencies as
necessary or expedient for the proper development of the Prope'hy or Woodbridge until close of _
escrow for the sale of the last Lot in the Property or Woodbridge, whichever occurs later. ~. I 10
Tte Owners of Lots are hereby restricted and enjoined from constmcting or altering any
Improvements upon any drainage or utility easement areas as shown on the Plates) or otherwise
designated in any recorded document which would interfere with or prevent the easement from being
used for its intended purpose; provided, however that any Owner, Association, designated Person
or the Grantor having an interest in the landscaping easement described in this Article X, shall be
entitled to install and maintain landscaping on such easement areas, subject to appro\~al by the
Design Committee, so long as the same would not interfere with or prevent the easement areas from
being used for their intended purposes; provided further, that any damage sustained to Improvements
on the easement areas as a result of legitimate use of the easement area shall be the sole and
exclusive obligation of the Owner of the Lot where lmprovemenfs were so damaged, or in the e\'ent
the easement area \vhere Improvements were so damaged is located in a Common Area. Restricted
Area or Local Common Are~the Master Association or Local Association, as the case may be, shall
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be responsible for the damage sustained and may impose a Special or Limited Assessment therefore.
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10.9 Sanitarv Sewer Easements. Grantor hereby grants to the City of Meridian a perpetual
non-exc 1 usi ve easement fo;;. the purpose of maintaining, repairing or rep lacing those portions 0 f the
sanitary sewer system which run on, over, across, under and through the Common Driveway Lots
as designated on the Plat(s). Any damage sustained to Improvements on the Common Driv(~\vay
Lots as a result of the legitimate use of the easement area shall be the obligation of the Master
Association. All costs and expenses associated with the maintenance, repair or replacement of any
such Improvements shall be assessed against the Owners of those Lots served by the Common
Driveway Lot.
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10.10 Rights and Duties Concerning Utility Easements"l The rights and duties of the
Owners of the Lots within the Property with respect to utilities shall be governed by th.e following:
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10.10.1 . Access for Single Owners. Wherever utility house connections are
installed within the Ptbperty, which connections or any portions thereoflie in or upon Lots Cl'
owned by an Owner other than the Owner of the Lot served by the cl)hnections, the Owner
of the Lot served by the connections shall have the right, and is hereby granted an easement
to the full extent necessary therefor, to enter upon any Lot or to have their agent enter upon
any Lot within the Property in or upon which said connections or any portion thereof lie, to
repair, replace and generally maintain the connections as and when it may be necessary; and
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10.10.2 Access for Jttlultiple Owners. Whenever utility house connections are
installed within the Property, which connections serve more than one Lot the Owner of each
Lot served by the connections shall be entitled to full \1se and enjoyment of such portions of
said connections as service such Owner's Lot. .
10.11 Disputes as to Sharing of Costs. In the event of a dispute between Owners with
respect to the repair, replacement or maintenance of any Improvement, Party Wall or utility
connections, or with respect to the sharing of the cost therefor, upon written request of one of such
Owners addressed to the applicable Association, the matter shall be submitted to the board of such
Associ~tion which shall decide the dispute and, if appropriate, make an appropriate Assessment
against any or all of the Ov.:ners involved on behalf of the prevailing Owner(s), \'ihich Assessment
shall be collected and enforced in the manner provided by this Master Declaration for Limited
Assessments. ..
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10.12 General Landscane Easement. An easement is hereby reserved to each appropriate
Association, its contractors, employees, and agents, to enter those portions of Lots, for the purpose
of installing, maint@ining, replacing and restoring exterior landscaping, and natural vegetation and
habitat. Such landscaping activity shall include, by way of illustration and not of limitation, the
mowing of 1a\;~lS, irrigation, sprinkling, tree and shrub trimming and pruning, \".:'alkway
;.; improvement, seasonal planting and such other landscaping activities within the Property as such
Association shall detennine to be necessary from time to time.
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f\IASTER DECLARATIO!); - 32
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10.13 Grantor's Ri2:hts Incident to Construction. Grantor, for itself and its successors and
assigns, hereby retains a right and easement of ingress and egress over, in, upon, under, and across
the Property and the right to store materials thereon and to m~ke such other use thereof as may be
reasonably necessary or incident to the construction of the Improvements on the Propehy owned by
Grantor; provided, however, that no such rights shall be exercised by Grantor in sllch a way as to
unreasonably interfere with the occupancy, use, enjoyment, or access to an Owner's Lot by that
Owner or such Owner's family, tenants, employees, guests, or invitees.
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10.14 Easements Deemed Created. All conveyances of Lots made after the date of the
recording of the Master Declaration, as amended and supplemented from time to time whethe~ by
Grantor or otherwise, shall be construed to grant and reserve the easements contained in this Article
X, even though no specific reference to such easements or to this Article X appears in the instrument
for such conveyance.
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10.15 \Vaterwav Easements. Grantor herepy reserves an easement for all Waterways and.
related pipes, pumps and other equipment over, acros~ under and through all ~ots, Common Areas,
and Restricted Areas to the extent reasonably required to maintain any Wate'rway system installed
by Grantor on the Property, or pursuant to plans and specifications approved by the Design
Committee. The Master Association or any Local Association shall have the right, but not the
obligation, to maintain all Waterways to be maintained by a governmental or quasi-governmental
'1{ authority, and to bill the applicable governmental or quasi-governmental authority for all such
maintenance conducted by the Master Association. Any relocation of the water lines installed as a
part of such system shall not be undertaken in any way which interrupts the flow 0 f water through
the system or damages the system in any other fashion. Grantor reserves the right to make any
reconfiguration of any Waterway which it determines, in its discretion, to be necessary, expedient
or desirable; provided, however, that nothing herein shall reserve unto Grantor the right to take any
action which would disturb, encroach upon or endanger the foundation of any building, nor shall
Grantor take any action which would materially alter any 'Waterway's proximity to improved
property abutting such Waterway. Under no circumstances whatsoever shall the Waterways be used
by any Owner, Member, tenant.?, invitees, and/or guests for recreational purposes including, without
limitation, wading and/or swimming.
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10.16 Reservation for Expansion. Grantor hereby reserves to itself and for O\'9:ners of Lots
and Phases of the Property a perpetual easement and right-of-\vay for access o\'er, upon, across and
through the Property for construction.. utilities, drainage, ingress and egress, and for lIse of the
Common Area. The location of these easements and rights-of-way must be approved and may be
documented by Grantor by recorded instruments.
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10.17 Emer~encv Easement. A general easement is hereby granted to all police, sheri ff, fire
protection, ambulance, and all other similar emergency agencies or Persons to enter upon the
Property in the proper perforn1ance of their duties,
10,1 S Maintenance Easement. An easement is hereby rese~d to Grantor, \\"hich may be
granted to any or all Associations, and any member of their board or manager, if any. and their
respecti\;c officers, agents, employees, and assigns, upon, across, o\'er, in, and uncler the Lots and
i\l.-\STER DECLAR4TI01* - 33
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Phases and a right to make such use of the Lots and Phases as may be necessary or appropriate to
make emergency repairs or to perform the duties and functions which an Association is obligated
or permitted to perform pursuant to the Project Documents, including the right to enter upon any Lot
or Phase for the purpose of performing maintenance to the landscaping or the exterior of
Improvements to such Lot or Phase as required by the Project Ddtuments.
ARTICLE XI: RESOLUTION OF DISPUTES
11.1 AQfeement To Avoid LitiQation. Grantor, the Master Association, its officers,
Directors, and committee members, all Persons subject to this Master Declaration~ all Local
Associations, their officers, Directors and committee members, and any Person not otherwise subj eet
hereto who agrees to submit to this Section (collectively, "Bound Parties"), agree to encourage the
amicable resolution of disputes within the Property and Woodbridge between or among any of the
Bound Parties without the emotional and financial costs of litigation. Accordingly, each Bound ~
Party covenants and agrees that those claims, grievances or disputes described in Section 11.2
("Claims") shall be submitted to the procedures set forth in Section 11.3 prior to filing suit in any
court. ~
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11.2 Claims. Unless specifically exempted below, all claims, grievances or disputes
arising out of or relating to the interpfetation, application or enforcement ofthe Project Documents,
or the rights, obligations and duties of any Bound Party under the Project Documents shall be subject
to the provisions of Section 11.3. c;;; ox,
Notwithstanding the above, unless all parties thereto otherwise agree, the following shall not
be Claims and shall not be subject to the provisions of Section 11.3.
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(i) any suit by the Design Committee against any Bound Parties to enforce such
Bound Parties' compliance with this Master Declaration, the Design Guidelines or any other
Project Document. I
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(ii) any ~~uit by the Master Association (or any Local Association) against an~
Bound Party to enforce the obligation to pay any Assessment to the Master Association
under this Master Declaration or the Project Documents; }j \>:
(iii) any stIit by Grantor or the Master Association to obtain a temporary
restraining order or injunction (or equivalent emergency equitable relief) and such othe;-
ancillary relief as the court may deem necessary in order to maintain the status quo 0:-
enforce any provision of the Project Documents and preserve Grantor's or the Master
Association's ability to act under and enforce rules under any applicable CO'ienants;
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(ivj any suit between or among O\~ners, which does not include Grantor or th-:
Master Association or their o\'mers, officers and Directors as a party, if such suit asserts ;J.
Claim which would constitute a calise of action independent of the Project Documents;[l'
(v) any suit in \vhic11 any indispensable party is not a Bound Party.;: and
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any suit which otherwise would be barred by any applicable statute of
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Provided, however, with the consent of all parties thereto, any of the above may be submitted to the
alternative dispute resolution procedures set forth in Sectionc.l1.3.
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11.3 Mandatorv Procedures.
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11.3.1 Notice. Any Bound Party having a Claim ("Claimant") against any other
Bound Party ("Respondent") (the Claimant and the Respondent referred Jo herein
individually as a "Party," or collectively as the "Parties") shall notify each Respondent in
writing (the "Notice"), stating plainly and concisely the following: the nature of the Claim,
including the Persons involved and Resypndent's role in the Claim; the legal bftsis of the
Claim (i.e.. the specific authority out of which the Claim arises); Cihimant's proposed
remedy; and the fact that Claimant or an authorized representative of Claimant will meet
with Respondent or an authorized representative of Respondent to discuss in good faith ways
to resolve the Claim. oc;,
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11.3.2 Ne~otiation and Mediation. The Parties shall make every reasonable effort
to meet in person and confer for the purpose of resolving the Claim by good faith
negotiation. If requested in writing, accompanied by a copy of the Notice, the Board may
appoint a representative to assist the Parties in resolving the dispute by negotiation. If the
Parties do not resolve the Claim within thirty (30) days of the date of the Notice (or within
such other period as may be agreed upon by the Parties) ("Termination ofthe Negotiations"),
Claimant shall have thirty (30) additional days to submit the Claim to mediation under the
auspices of an independent mediation service designated by the Master Association or, if the
Parties otherwise agree, to an independent agency providing dispute resolution services in
the Ada County, Idaho area. If Claimant does not submit the Claim to mediation within
thirty (30) days after Termination of Nego~ations, or does not appear, either in person or
through an authorized representative, for the mediation, Claimant shall be deemed to have
waived the Claim. Any settlement of the Claim through mediation shall be documented in
writing by the mediator. If the Parties do not settle the Claim within thirty (30) days afttit
submission ofthe matter to the mediation process, or within such longer time as determined
necessary by the mediator, the mediator shall issue a notice of termination of the mediation
proceedings ("Termination of Mediation "). The Termination of Mediation notice shall set
forth that the Parties are at an impasse and the date that mediation was tenninated.
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Upon Tern1ination of Mediation, the Claimant shall thereafter be entitled to sue in any court
of competent jurisdiction or to initiate proceedings before any appropriate administrative tribunal
on the Claim. Each Party shall bear its own costs of the mediation, including attorneys' fees;' and
each Party shall share equally all charges rendered by the mediator. lfthe Parties agree to resolution
of any Claim through negotiation or mediation in accordance \vith Section 11.3 and any Party
thereafter fai Is to abide by the tem1S of such agreement, then any other Party may fi le suit or initiate
administrati'Je proceedings to enforce such agreement without the need to comply again with the
procedures set forth in Section 11.3. In sllch event, the Party taking action to enforce the agreement
\\lASTER DECLAR.\Tlo.." - 35
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shaH be entitled to recover from the non-complying Party (or ifmore than one non-complying Party,
from all such Parties pro rata) all costs incurred in enforcing such agreement, including, without
limitation, attorneys' fees and court costs. .
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ARTICLE XII: INSPECTION OF AL"l' ASSOCIA nON'S BOOKS AND RECORDS
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J 2.1 Member's Ri2:ht of Inspection. The membership register, books of account and
minutes of meetings of the board and committees of any Association shall be made available for
inspection and copying by any Member of said Association or by such Member's duly appointed
representatives, at any reasonable time and for a purpose Ieasonably related td'such Member's
interest as a M~mber at the office of"the Association or at such other place as the board of such
Association shall prescribe. No Member or any other Person, excluding Grantor, shall copy the
membership register for the purposes of solicitation of or direct mailing to any Member of said
Association. .'
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12.2 Rules Re2:ardin2: Inspection of Books and Records. The board of an Association shall
establish reasonable rules with respect to (1) notice to be given to the custodians of the records by
the Persons desiring to make the inspection; (2) hours and days of the week when such an inspection
may be made; and (3)"ayment ofthe cost of reproducing copies of documents requested pursuant
to this Article XII.
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12.3 Director's Ri2:hts of Inspection. Every director of the board of an Association shall
have the absolute right at any reasonable time to inspect all books, records and documents of such
Association, and the physical properties owned or controlled by the Association. The right of
inspection by a director includes the right to make extracts and copies of documents.
ARTICLE XIII: DEFINITIONS
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13.1 "Abandoned or Inooerable Vehicle" shall be defined as any vehicle which has not
been driven under its own propulsion for a period of seven (7) days or longer.
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13.2 "Articles" shall mean the Articles of Incorporation of an Association or other
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or2:anizational or charter documents of an Association, as the same may be amended or revised from
time to time.
13.3 "Assessments" shall mean those payments required of (J\vners who are Master
Association Members and/or Local Association l'vlembers, including Regular, Special and Limited
Assessments. The Master A.;;sociation, and/or any Local Association shall have the right~to require
assessments from their respective Members, howlever, all Local Association Assessments shall be
le'11ed by and through the Master Association. r. l:l >ll ~
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13.4 "Association" shall mean the Master Association and/or any Local Association,
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13.5 "Association Rules" shall mean those rules and regulations promulgated by an
Association governing conduct upon and use of the Property under the jurisdiction or control ofthat
Association, the imposition of fines and forfeitures for violation of Association Rules and
regulations, and procedural matters for use in the conduct of business of an Association.
13.6 "Board" shall mean the Board of Directors or other governing board or individual,
if applicable, of the Master Association.
13.7 "Building Envelope" shall mean the area within a Lot where a residential structure
and accessory structures may be located, always subject t04he prior written approval of the Desi~
Committee. Building Envelopes shall be designated by the Grantor by describing such an area on
a recorded Plat, reserving it in a deed or other instrument, or by designating it as such in this Master
Declaration, any Supplemental Declaration or the Design Guidelines. If a Building Envelope is not
so designated within a Lot, then the Building Envelope shall be that portion of the Lot not located
within legal setback areas or designated easements.
13.8 "Bvlaws" shall mean the Bylaws of an Association, as the same may be amended or
revised from time to time. ..
13.9 "Common Area" shall mean any or all parcels of real property in which an
Association holds an interest or which is held or maintained for the benefit of an Association and
its Members, including personal property or improvements located thereon, including without
limitation, all such parcels that are designated on a Plat or otherwise by Grantor as roads, Common
Area Lots, streets, drives, parking areas or drives, common open space, pastures, wildlife habitat,
common landscaped areas, storage facilities, recreational facilities, other amenities and facilities, and
'Waterways. Common Area may be established from time to time by Grantor on any portion ofthe
Property by describing such area on a recorded Plat, by granting or reserving it in a deed or other
instrument, or by designating it as such in this Master Declaration or in any Supplemental
Declaration. In addition, the Master Association may acquire any Common Area it deems necessary
and/or beneficial to the Property. Common Area may include easement and/or license rights.
Common Area shall mean Local Common Area and/or Common Area, whichever is appropriate in
the context of this Master Declaration.
13.10 "Common ArediLots" shall mean a lot within a Phase of Woodbridge as specified
or shown on any Plat and/or Supplemental Declaration as a "Common Area Lat." Common Area
Lots .ihall be deemed Common Area for the purposes of this Master Declaration.
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13.11 "Common Drivewav Lots" shall mean a lot within a Phase of the Property as
specified or shown on any Plat and/or Supplemental Declaration as the means of ingress and egress
for more than one Lot. Common Driveway Lots shall be deemed Restricted Area for the purposes
of this Master Declaration. .
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13.12 "CUP" shall mean that certain Order of Conditional Approval of Conditional Use
Pern1it, Case No.~UP-99-037, issued by the City of Meridian, December 7,1999, as the same may
be amended or revised from time to time.
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MASTER DECLARATIO:--; - 37
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13.13 "Dele2:ate(sY' shall mean a person selected by Members of a Local Association or
Owners within a Phase, and Grantor until Grantor's Class B Member's membership terminate~ to
represent the interests of Members of the Local Association, Owners within a Phase and Grantor,
respectively, at the Master AssoGiation. Members ofa Local Association or Owners within a Phase
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and Grantor, until Grant9,r's Class B Membership terminates, shall elect separate Delegat~s t~ the
Master Association. .
13.14 "Desi2:I1 Committee" shall mean the Design Committee, the Initial Improvement
Committee and/or the Subsequent Improvement Committee created by Grantor pursuant to Article
V hereof, whichever is appropriate in the context ofthis Master Declaration. '"
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13 .15 "Desi2:I1 Guidelines" shall mean the design guidelines and rules promulgated,
published, amended and supplemented from time to time pursuant to ATtic1e V.
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13.16 "Development AQIeement" shall mean that certain Development Agreement between
the City of Meridian and Woodbridge Community LLC, dated January 18,2000, and recorded on
January 27, 2000, in the records of the Ada County Recorder as Instrument Number 100006602, as
the same may be amended or revised from time to time.
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13.17 "Development Plan" shall have the meaning ascribed to it in Section 1.2.
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,,13.18 "Discretion" or "discretion" shall mean the freedom or authority to act according to
one's own judgment.
13.19 "Expenses" shall have the meaning ascribed to it in Section 6.3.1.
13.20 "First Mort2:a2:e" shan mean any Mortgage which is not subordinate to any lien or
encumbrance except liens for taxes or other liens which are given priority by statute.
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x 13.21 ,,"Grantor" shal~-J11ean Woodbridge Community LLC, an Idaho limited lliability
company, or its successors in interest, or any Person to whom the rights under this Master
Declaration are expressly transferred, in whole or in part, other than a transfer to individual Owners,
by \V oodbridge Community LLC, or its successors.
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13.22 "Imorovement" shall mean any structure, facility or system, or other improv~ment
or object, whether pemlanent or temporary, which is erected, constmcted, placed upon or allowed
on, under or over any portion of the Property, including, without limitation, residential structures,
accessory buildings, fences, streets, drives, driveways, parking areas, side\valks, bridges, bicycle
';; paths, curbs, landscaping, walls, hedges, plantings, trees, wildlife habitat improvements, living
, and/or dead vegetation, rocks, signs, lights, mail boxes, electrical lines, pipes, pumps, ditches,
Waterways, recreational facilities, grading, road construction, utility improvements, removal of trees
and other vegetation, plantings, and landscaping, and any new exterior construction or exterior
improvement w.hich may not be included in the foregoing, Improvcment(s) incluctes both original
improvements existing on the Property on the dale hereof and alllatcr changes and Improvements.
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MASTER DECLAR-\TI07'i - 38
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13.23 "Limited Assessment" shall mean a charge against a particular Owner and such
Owner's Lot, directly attributable to the Owner, equal to the cost incurred by the Master Association
or Local Association in connection with corrective action or maintenance, repair, replacement, and
operation activities performed pursuant to the provisions of this Master Declaration or any
Supplemental Declaration, including, without limitation, damage to or maintenance, r(!f)air,
replacement, and operation activiti;:s performed for any Common Area, Restricted Area (including
Common Driveway Lots), Maintenance Property or the failure of an Owner to keep the Owiier's Lot
in proper repair, and including interest thereon as provided in this Master Declaration or a
Supplemental Declaration or for any goods or services provided by an Association benefitting less
than all Owners. All Limited Assessments by any Local Association shall be levied through the
Master Association.
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'" 13.24 "Local Association(s)" shall mean any profit or not-f~r-profit Idaho corporation or
unincorporated association, or the successors of any ofthem, organized and established by Grantor
or OwnerslMembc;rs of a particular Phase pursuant to or in connection with the terms of this Master
Declaration or a Supplemental Declaration recorded by Grantor for any indivYdual Phase. A Local
Association shall have no right, title or interest in the name "Woodbridge" or "Woodbridge >!l
Community," stylized or otherwise, or any logo in connection therewith.
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~. 13.25 "Local Association Board" shall mean the duly elected and qualified Board of
Directors, or other governing board or individual, if applicable, of a Local Association.
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13.26 "Local Association Rules and Regulations" shall mean those rules and reoulations
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promulgated by any Local Association Board and approved by the Board, governing conduct upon
and use of property of Local Association Owners/Members, the imposition of fines and forfeitures
for violation of Local Association Rules and Regulations, and procedural matters for use in the
conduct of business of the Local Associations.
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13.27 "Local Common Area" shall mean all real property in which a Local Association
holds an interest or which is held or maintained for the mutual use and benefit of such Local
Association and its Members. Local Common Area may be established from time to time by
Grantor on any portion of the Property by describing such area on a recorded Plat, by granting or
reserving it in a deed or other instrument, or by designating it as such in this Master Declaration or
in any Supplemental Declaration. In addition, any Local Association may acquire any Common
Area or Restricted Area it deems necessary and/or beneficial to the Property. Local Common Area
may include easement and/or license rights.
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13.28 ""Lot" shall mean a lot within a Phase of Woodbridge as specified or shO\vn on any
Plat andlor by Supplemental Declaration, upon which Improvements may be constructed. For
voting, membership and Assessment purposes herein, "Lot" shall not include any lot designated on
a Plat and/or by Supplemental Declaration as Common Area, c;.,ommon Area Lots, Common
Driveway Lots or Restricted Area.
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MASTER DECL.~R..\Tl();'i'\ - 39
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13.29 "Maintenance Prooerty" shall mean any real or personal property on the Property or
the general vicinity of the Property not owned by any Association, but which the Master Association
operates and/or maintains for the benefits which will accrue to the Property and its Owners,
including, without limitation, any signs, benches, lights, trails, parks, or other open space and lands.
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13:30 "Master Association" shall mean the .Idaho profit or non-profit corporation, tir its
successors, organized and established by Grantor to exercise the powers and to carry out the duties
set forth in this Master Declaration or any Supplemental Declaration. Grantor shall have the power,
in its discretion, to name the Master Association the "WC Homeowners' Association, Inc.", or any
similar name which fairly reflects its purpose. The Master Association shall have no right, title or
interest in the name "Woodbridge" or "Woodbridge Community," stylized or otherwise, or any logo
in connection therewith.
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13.31 "Master Declaration" shall mean this Master Declaration of Covenants, Conditions
and Restrictions for Woodbridge Community Planned R~sidential Developfuent, as it may be
amended and supplemented from time to time.
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13.32 "Member" shall mean each Owner holding a membership in the Master Association,
including Grantor. 'Where specific reference or the context so indicates, it shall also mean Owners
holding membership in any Local Association, including Gtantor. ~
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13.33 "Mortgage" shall mean any mortgage, deed oftrust, or other document pledging any
portion of the Property or interest therein as security for the payment of a debt or obligation. '
13.34 "Occupant" shall mean any resident or occupant of a Lot other than the Owner,
including, without limitation, family members, guests, invitees and tenants.
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13.35 "Oversized Vehicles" shall be defined as vehicles which are too high or too wide to
clear the entrance of a normal residential garage door opening.
13.36 "Owner" shall mean the record owner, whether one or more Persons, including
Grantor, holding fee simple interest ofrecord to a Lot which is a part of the Property, and buyers
under executory contracts of sale, but excluding those Perions having such interest merely as
security for the performance of an obligation, unfess and until such Person has acquired fee simple
title pursuant to foreclosure or other proceedings.
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13.37 "Partv Wall" shall mean any common wall between two (2) single-family residences
which is also the legal dividing line between the two (2) residences.
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13.38 "Person( s )" shall mean any indi vidual, partnership, corporation, tnlst, estate or other
legal entity, including Grantor. ~
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13.39 "Phase" shall mean a defined portion of the Property which has been designated as
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a Phase by recorded Supplemental Declaration. Each Phase shall contain one or more Lots, and
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i\lASTER DECLAR;\TIO?\ - 40
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may, in Grantor's discretion, be managed to the extent permitted ~n this Master Declaration by a
Local Association.
13.40 "Plat" shall mean any subdivision plat covering any portion of the Property,
including, without limitation, the Snorting Bull Subdivision - Pha~e 1 plat, as recorded in the Ada
" County Recorder's Office as the same may be amended by duly recorded amendments thereof.1'
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13.41 "Proiect Documents" shall mean the basic documents creating and governing the
Property including, without limitation, this Master Declaration, any Supplemental Declaration,
Articles of Incorporation and Bylaws of an Association, any Association Rules, the Design
Guidelines and any other procedures, rules, regulations or policies adopted under such documents
by an Association or the Design Committee.
13.42 "Prooertv" shall mean those portions of the property described on Exhibit A subjected
to this Master Declaration by recorded Supplemental Declaration, including, without limitation, each
lot, parcel and portion thereof and interest therein. ?
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13.43 "Regular Assessment" shall mean the portion of the cost of maintaining, improving,
repairing, managing and operating the Common Area, Restricted Area and the Maintenance
Property, including all Improvements located thereon, and the other costs and expenses incurred to
conduct the business and affairs of an Association which is levied against the Lot of each Owner by
the Master Association, or applicable Local Association, pursuant to the terms of this Master
Declaration or a Supplemental Declaration. All Regular Assessments by any Local Association shall
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be levied through the Master Association.
13.44 "Restricted Area" shall mean that portion ofthe Property which is not Common Area
or Lots, but is owned or leased, operated or maintained by the Master Association, or any Local
.
Association. Restricted Area may be established from time to time by Grantor on any portion of the
Property by describing such area on a recordGd Plat, by granting or reserving it in a deed or other
instrument, or by designating it as such iI). this Master Decljration, any Supplemental Declaration
or the Design Guidelines. In addition, the Master Association may acquire any Restricted Area it
deems necessary and/or beneficial to the Property and/or the Owners. Restricted Area may include
easement, lease and/or license rights. Restricted Area shall not be subject to use by Members,
Owners or any Person; provided however, thatthe Master Association shall have the power to
convert any Restricted Area into Common Area or to allow limited or selective uses of the Restricted
Area. The Common Driveway Lots shall be considered Restricted Area and may be used only by
the Owner or Owners of those Lots accessible over the Common Driveway Lots for the purpose of
ingress and egress thereto.
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13.45 <OS oecial Assessment" shall mean that portion 0 fthe costs 0 f the capi tal improvements
or replacements, equipment purchases and replacements or shortages in Regular Assessments which
are authorized to be paid to the Master Association, or applicable Local Association, pursuant to the
provisions of this Master Declaration or a Supplemental Declaration. All Special Assessments by
any Local Association shall be levied through the Master Association.
MASTER DECLARA. TIO;"; - 41
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13.46 "Storm Water Manual" shall mean that certain Operation and Maintenance Manual
for Storm Water Drainage Facilities for Woodbridge Community, prepared by Toothman-Orton
Engineering Company, July, 2000, as the same may be amended or revised from time to time.
13.47 ~<Supplemental Declaration" shall mean any Supplemental Declaration including
additional covenants, conditions and restrictions that might be adopted by Grantor with respect to
any Phase or any portion of the Property.
13.48 "'\Vaterwav" shall mean any surface water amenity, including, without limitation, any
irrigation system, lake, pond, channel, slough, stream, or reservoir, natural or artificial, which is
located on the Property.
ARTICLE XN: MISCELLANEOUS
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14.1 Annexation of Other Prooerties.
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14.1.1 Right of Grantor to Annex Other Properties. Grantor and the Master
Association may, in their discretion, at any time and from time to time and without having
to obtain the consent, approval or signature of any Person or Association (other than the title
holder of such additional real property), elect to bring additional real property (whether or
not owned by it) ~ithin the jurisdiction ofthis Master Declaration (the <<Annexed Property");
provided, however, that the addition of any Annexed Property must be consistent with the
general purposes and intent of the Project Documents. Grantor is not obligated in any
manner by this Master Declaration to annex additional real property to the Property or to
annex any particular tract, or to annex tracts in any particular sequence, or to annex
continuous tracts, it being the intention hereof that Grantor or the M_flster Association may
decline to exercise the rights granted in this Article or may elect to exercise such rights only
to a limited extent. No real property shall become Annexed Property or to be included
within the jurisdiction of this Master Declaration without the prior express written consent
and approval of Grantor andior the Master Association, whichever is appropriate under the
.circumstances. Notwithstanding the above, prior to the termination of the Class B Member,
the decision to annex additional property shall be made in Grantor's discretion.
14.1.2 Supplement. The additions authorized by the provisions of this Article shall
be made by recording in the Ada County Recorder's office a Supplement with respect to any
Annexed Property, which shall extend the jurisdiction of this Master Declaration to the
property to be so annexed.and shall be executed by the fee title holder(s) of such Annexed
Property, as well as by Gr&ntor or (subsequent to the temlination of the Qlass B Member) the
Master Association. In addition, each Supplement for Annexed Property shall contain such
Restrictions as are not inconsistent with the intent and purpose of this Master Declaration.
Upon recording any Supplement for Annexed Property, the provisions of this Master
Declaration (except as modified, altered, limited or supplemented in the Supplement) shall
apply to such Annexed Property as ifsuch Annexed Property had been part of the Property
upon the effective date of this Master Declaration, ·
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MASTER
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14.2 Term. The easements created hereunder shall be perpetual, subject only to
extinguishment by the holders of such easements as provided by law. The covenants, conditions,
restrictions and equitable servitudes of this Master Declaration shall nm until December 31,2040,
unless amended as herein provided. After December 31, 2040, such covenants, conditions and
restrictions shall be automatically extended for successive periods of ten (10) years each, unless
amended or extinguished by a written instrument executed by Members holding at least a majority
of the voting power of the Master Association and such written instrument is recorded with the Ada
County Recorder's Office.
14.3 Amendment.
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14.3.1 By Grantor. Except as provided in Section 14.4, until the recordation of the
first deed to a Lot, the provisions of this Master Declaration may be amended, modified,
clarified, supplemented, added to or terminated (collectively "amendment") by Grantor by
recordation of a written instrument setting forth such amendment. In addition, Grantor,
regardless of whether it has conveyed any Lot(s) to an Owner, shall have the exclusive right,
power and authority to amend this Master Declaration, any SupplemeIftal Declaration or any
of the Project Documents, at any time and at its discretion, to comply with any and all
requirements and conditions of the Feder.w National Mortgage Association ("FNMA"), the
Government National Mortgage Association ("GNMA"), the Federal Housing
Administration ("FHA"), the Veterans Administration C'V A") and the Federal Home Loan
Mortgage Corporation ("FHLMC").
14.3.2 Bv Owners. Except as provided in Sections 14.3.1 and 14.3.3, after the
recordation of the first deed to a Lot, any amendment to any provision of this Master
Declaration, other than to this Article XIV, shall be by an instrument in writing signed and
acknowledged by the president and secretary of the Master Association certifying and
attesting that such amendment has been approved by the vote or wri tten consent of Members
representing more than fifty one percent (51 %) of the total voting power in the Master
Association as cast by the Delegates, except where a greater percentage is required by
express provision in this Master Declaration, and such amendment shall be effective upon
its recordation with the Ada County Recorder's Office. Any amendment to this Article XIV
shall require the vote or written consent of Members holding ninety-five percent (95%) of
the voting power of the Master Association.
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14.3.3 Effect of Amendment. Any amendment ofthis Master Declaration approved
in the manner specified above shall be binding on and effective as to all Owners and their
respective properties notwithstanding that slIch Owners may not have voted for or consented
to such amendment. Such amendments may add to and increase the covenants:;;conditions
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restrictions and easements applicable to the Property but shall not prohibit or unreasonably
interfere with the allowed uses of sllch Owner's property \vhich existed prior to the said
amendment. .-
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14.4 Mortgage Protection. Not\"(lithstanding any other prO\'ISlon of this Master
Declaration, no amendment of this Master Declnration shall operate to defeat or render invalid the
MASTER DECLAR.c\TIO?-; - 43
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rights o[th; beneficiary under any first Mortgage upon a Lot made in good faith and for value, and
recorded prior to the recordation of such amendment, provided that after foreclosure of any such first
Mortgage, sllch Lot shall remain subject to this Master Declaration, as amended. In order to induce
the FHLMC, GNMA, FHA, V A and FNMA to participate in the financing of the sale of Lots within
the Properties, the following provisions are added hereto (and to the extent those added provisions,
pertaining to the rights of mortgagees, FHLMC, FNNIA, GNMA, VA and FHA, conflict with any
other provisions of this Declaration or any other of these Covenants and Restrictions, these added
restrictions shall control):
(a) Each first Mortgage encumbering any Lot, upon filing a written request for
notification with the Board, is entitled to written notification from an Association of any
default by the mortgagor of such Lot in the performance of such mortgagor's obligations
under the Project Documents, which default is not cured within thirty (30) days after the
Associatiog. learns of such default. ..
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(b) Every Owner, including every first mortgagee of",a Mortgage encumbering
any Lot, which obtains titl~fo such Lot, pursuant to the remedies provided in such Mortgage,
or pursuant to foreclosure of the Mortgage (or assignment) in lieu of foreclosure, shall be
exempt from any "right of first refusal."
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(c) Each holder of a first Mortgage who comes into possession of the Lot by
virtue of foreclosure of the Mortgage or assignment in lieu of foreclosure, or any purchaser
Yo'.at a foreclosure sale, will take title to such Lot free of any claims for unpaid assessments and
charges against the Lot, which accrue prior to the time such holder comes into possession of
thel Lot, except for claims for a share of such assessments or charges resulting from a
reallocation of such assessments or charges to all Lots including the mortgaged Lot.
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(d) Unless all of the first mortgagees have given their prior written approval,
neither the Association nor the Owners sha1l:
(1) by act or omission seek to abandon, partition, subdivide, encumber,
sell or transfer the Common Area or the Improvements thereon which are owned,
directly or indirectly by the Association (the granting of easements for public utilities
or for other public purposes consistent with the intended use of such property by the
Association, or the transfer of the Common Area or Improvements to an
unincorporated association of the O\'mers in accordance with the Articles of ..,
Incorporation of the Association, shall not be deemed a transfer within the meaning
of this clause);
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(2) change the ratio of Assessments or method of determining the
obligations, Assessments, dues or other charges \vhich may be le\,ied against any
Owner, or the method of allocating distributions or hazard insura~ce proceeds or
condemnation awards;
ilL-\STER DECLAR-\TI~ - 4~
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(e) Unless otherwise specified below, at least fifty-one percent (51 %) ofthe first
mortgagees (based upon one vote for each Mortgage owned) have given their prior written
approval, neither the Association nor the Owners shall:
(1) by act or omission change, waive or abandon any scheme of
regulations, or enforcement thereof, pertaining to the architectural design ot' the
exterior appearance ofthe dwelling units on the Lots, the exterior maintenance of the
dwelling units on the Lots or the upkeep ofthe lawns and planting on the Properties;
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(2) fail to maintain Fire and Extended Coverage on insurable Common
Area on a current replacement cost basis in an amount not less than one hundred
percent (100%) of the insurable value (based on curren' replacement cost); or
(3) use hazard insurance proceeds for losses to any Common Area for
o~ei- than the repair, replacement or reconstruction or such Improvements;
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(4) abandon or terminate the covenants, conditionS!, and restrictions ofthis
Declaration or any Supplement to this Declaration, or terminate the legal status ofthe
project after substantial destruction or condemnation has occurred (termination ofthe
project for reasons other than substantial destruction or condemnation requires a
sixty-seven percent (67%) vote of first mortgagees);
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(5) make any material amendment to the Project Documents (material
amendment herein shall mean those amendments classified as material in the FNMA
Project Standards applicable to the Property);
(f) First mortgagees, upon written request, shall have the right to (1) examine the
Project Documents and books and records of the Association during normal business hours,
(2) require from the Association audited annual financial reports and other financial data be
available no later than 120 days from the Association's fiscal year-end, (3) receive written
notice of all meetings of the Owners, and (4) designate in writing a representative to attend
all such meetings.
(g) First mortgagees shall be given immediate written notice as soon as the Board
recei ves notice or otherwise learns of any damage to the Common Area or any Lot whenever
the cost ofreconstmction exceeds Ten Thousand Dollars (~1 0,000), and as soon as the Board
receives notices or otherwise learns of any condemnation or eminent domain proceedings or
other proposed acquisition, with respect to any portion of the Properties.
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(h) First mortgagees may, jointly or singly, pay taxes or other charges which are
in default and which mayor have become a charge against any Common Area and may pay
any o\.erdue premiums on hazard insurance policies, for such property, and first mortgagees
making such payments shall be owed immediate reimbursement therefor from the
Association.
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1\IASTER DECLARATION - 45
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(i) The Board may contract for professional management of the Properties with
a bondable professional manager. The agreement between the Association and its agent for
such professional management shall provide that the management contract may be
terminated for cause on not more than thirty (30) days' written notice, and the term of any
such contract shall not exceed one (1) year, renewable by agreement of the parties for
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successive one-year periods. I<'
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G) The Board shall secure and cause to be maintained in force at all times a
fidelity bond for any person or entity handling funds of the Association, including but not
limited to, employees of the professional manager.
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-" (k) Any agreement for the leasing or rental of a Lot, including a month-to-month
rental agreement, shall provide that the terms of such agreement shall be subject in all
"respects to the provisions of the Project Documents. All such agreements shall be in writing
and shall provide that any failure by the lessee to comply with the terms of the Project
Documents shall be a default under the agreement.
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(1) All taxes on the Common Areas must be assessable against those Common
Areas only and the Master Association or applicable Local Association owning such
Common Areas are solely responsible for payment of such taxes.
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(m)~' Any provision in this Master Declaration which requires Owners to indemnify
th6Association, other Owners, or the board of any Association against acts ofthe indemnitor
is subject to the exception that if the liability, damage or injury is covered by any type of
insurance, the indemnitor is relieved of liability to the extent of insurance coverage.
(n) Notwithstanding any other provisions herein, the Master Association shall
continuously maintain in effect such casualty, flood and liability insurance and a fidelity
bond meeting the insurance and fidelity bond requirements for planned unit development
projects established by FNMA and/or GNMA, so long as either is a mortgagee or owner of
a Lot within the project, except to the extent such coverage is not available or has been
waived in writing by FNMA and/or GNMA.
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(0) As long as there is a Class B membership, the following actions will require
the prior approval of the Federal Housing Administration or the Veterans Administration,
provided either of them is a mortgagee or owner of a Lot within the project:
(1)
(2)
(3)
Annexation of additional properties;
Dedication of Common Area;
Amendment of this Declaration.
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In addition to the foregoilig, the Board may enter into such contracts or agreements on behalf
of the Association as are required in order to satisfy the guidelines of the V A, the FHA, the FHLMC,
the FNMA or the GNMA or any similar entity, so as to allow for the purchase, guaranty Of
insurance, as the case may be, by such entities of first Mortgages encumbering Lots with dwelling
j\lASTER DECLARATION - 46
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units thereon. Each Owner hereby agrees that it will benefit all Associations and the membership
of the Associations, as a class of potential Mortgage borrowers and potential sellers of their
residential Lots, if such agencies approve the Properties as a qualifying subdivision under their
respective policies, rules and regulations, as adopted from time to time. Each mortgagee is hereby
authorized to furnish information to the Board concerning the status of any Mortgage encumbering
such mortgagee's Lot. ;;
14.5 Notices. Any notices permitted orrequired to be delivered as provided in this Master
Declaration shall be in writing and may be delivered either personally, by fax or by mail. If delivery
is made by mail, it shall be deemed to have been delivered sev~nty-two (72) hours after the same has
been deposited in the United States mail, first class, postage prepaid, addressed to any Person at the
address given by such Person to the Master Association for the purpose of service of such notice,
or to the residence of such Person if no address has been given to the Master Association or to the
address of such Person as contained in the Ada Co\1nty tax assessor's rolls. Such address may be
~ changed from time to time by notice in writing to the Master Association.
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14.6 Enforcement and Non-\Vaiver.
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14.6.1 Ri2ht of Enforcement. Except as otherwise provided herein, any Owner,
Association or Grantor shall have the right to enforce any or all of the provisions hereof
against any property within the Property and against the Owners thereof.
14.6.2 Violations and Nuisances. The failure of any Owner of a Lot to comply with
an)l....I>rovision hereof, or with any provision of the Proj ect Docu!p.ents, is hereby declared a
nuisance and will give rise to a cause of action in Grantor, an Association or any Owner for
recovery of damages or for negative or affirmative injunctive relief or both.
14.6.3 Violation of Law. Any violation of any state, municipal or local law,
ordinance orregulation pertaining to the ownership, occupation or use of any property within
the Property is hereby declared to be a violation of this Master Declaration and subject to any
or all of the enforcement procedures set forth in this Master Declaration and any or all
enforcement procedures in law and equity.
exclusive.
14.6.4 Remedies Cumulative. Each remedy provided herein is cumulative and not
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14.6.5 Non-Waiver. The failure to enforce any of the provisions herein at any time
shall not constitute a waiver of the right to enforce any such provision.
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14.7 Use of Trademark. Each Owner by acceptance of a deed for such Owner's Lot shall
be deemed to acknowledge that "Woodbridge" and "Woodbridge Community are service marks and
trademarks of Woodbridge Community L~C, or its licensees, and to covenant that such Owner shall
not use the terms "Woodbridge" or "Woodbridge Community" without the prior \\ffitten permission
of\Voodbridge Community LLC, or its licensees.
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i\I.~TER DECLAR.L\TION - 47
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14.8 Interpretation. The provisions of this Master Declaration shall be liberally constmed
to effectuate its purpose of creating a uniform plan for the development and operation of the
Property. This Master Declaration shall be constmed and governed under the laws of the State of
Idaho.
14.8.1 Restrictions Construed Together. All of the provisions hereof shall be
liberally construed together to promote and effectuate the fundamental concepts of the
development of the Property as set forth in the recitals of this Master Declaration.
14.8.2 Restrictions Severable. Notwithstanding the provisions of the foregoing
Subsection 14.8.1. each of the provisions of this Master Declaration shall be deemed
independent and severable, and the invalidity or partial invalidity of any provision or portion
thereof shan not affect the validity or enforceability of any other provision herein.
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14.8.3 Singular Includes Plural. Unless the context requires a contrary' construction,
the singular shall include the plural and the plural the singular; and the masculine, feminine
or neuter shall each include the masculine, feminine and neuter. '"
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14.8.4 Captions. All captions and titles used in this Master Declaration are intended
solely for convenience of reference and shall not affect that which is set forth in any ofthe
provisions hereof. ~
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14.9 Successors and Assigns. All references herein to Grantor, Owners, Members, an
Association or Person shall be construed to include all successors, assigns, partners and .
~ authorized agents of such Grantor, Owners, Members, Association or Person.
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14.10 Owners' Acknowled!ffi1ents. In order to assist each Owner in developing a full
understanding and appreciation for Woodbridge as a planned residential development, Grantor
and/or the Master Association have prepared and shall make available a brochure known as "Facts
You Need to Know About Woodbridge Community". The "Facts You Need to Know About
\V oodbridge Community" is not a complete or comprehensive description of Woodbridge and should
not limit, or be considered a substitute for, each Owner's independent review and understanding of
the Project Documents. Prior to acquiring a Lot, each Owner should obtain a copy ofthe "Facts You
Need to Know About Woodbridge Community." Each Owner understands and acknowledges that
the "Facts You Need to Know About Woodbridge" may be changed and/or updated, amended and
supplemented from time to time and each Owner is cautioned to obtain the most current copy of such
brochure.
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The following acknowledgments identify additional information currently known by Grantor
about \V oodbridge which each Owner should consider when purchasing a Lot in \V oodbridge. Each
Owner understands that these acknowledgments may not be a complete list of issues that an Owner
~ may wish to consider prior to purchasing a Lot since Grantor cannot control future events and ~1ay
,-~. ." not be aware of certain issues existing at this time, including without limitation, future development
requirements of govemmental or municipal organizations claimi.ngjurisdiction over Woodbridge,
MASTER DECLAR<\.TIO~ - 48
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or how such requirements may impact the future development plans of Woodbridge. Each Owner,
by accepting a deed to any Lot, acknowledges and agrees to the following: .
14.10.1 Development Documents. As part of the approval to develop
Woodbridge, Grantor obtained a conditional use approval from the City of Meridian in the
form ofthe CUP and the Development Agreement, and approval of all preliminary and.final
plats, including plats for specific Phases ofthe development, and approval from various ~ther
governmental and quasi-governmental agencies including without limitation the Ada County
Highway District and each Owner understands and agrees to comply with all such approvals
and the conditions contained therein;
14.10.2 Pressurized Irrigation System. Owner understands that non-potable
water supplied to the Property, including irrigation of the Common Area, Restricted Area
and Lots, will be supplied by the Nampa & Meridian Irrigation District through a pressurized
irrigation system which will be owned, operated and maintained by the Nampa & Meridian
~Irrigation District. Each Owner acknowledges that Nampa & Meridian Irrigation District and
the Master Association may promulgate rules and regulations, including water use schedules,
controlling the allocation,.distribution and flow of water among the~various Lots and each
Owner hereby agrees to comply with such rules and regulations.
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14.10.3 Irri gation System Assessments. Each Owner agrees to pay when due
all assessments levied by Nampa & Meridian Irrigation District for maintenance, repair and
replacement of the pressurized)rrigation system and any and all assessments or related
charges levied by the Master Association for the administration and enforcement ofthe rules,
regula~ons and use schedules;
14.10.4 Secondary Sources of Water. Inhe Nampa & Meridian Irrigation
District fails to provide sufficient water for the irrigation of the Common Area, Restricted
Area, Maintenance Area and Lots, Grantor, the Master Association or any other entity shall
have the right to provide water from such secondary sources of water as Grantor, the Master
Associates or other entity shall deem appropriate and to charge the costs and expenses of
providing such water to the Owners as a Special Assessment. Nothing herein, however, shall
obligate Grantor, the Master Association or any other entity to provide any secondary
sources of water;
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14.10.5 Adiacent Prooertv. There are property owners, private and public,
adjacent to the Property and Grantor cannot predict or control any future development plans
for these adjacent lands including without limitation the development of any adjacent
properties, streets, roads or rights-of-way located within such property;
14.10.6 No Water Rights Transferred with Lot. Owner acknowledges that the
Grantor has reserved unto itself any and all water rights appurtenant to the Property and,
" accordingly, Owners have no right, title or interest in any of such water or water rights;
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MASTER DECLAR\TION - 49
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14.10.7. Phased Development. Owner acknowledges that the development of
'Woodbridge will be phased over time and construction activities will be present on the
Property and/or Woodbridge throughout the development process. Owner recognizes that
the development of the Property or Woodbridge and creation of Phases may change from
time to time in Grantor's discretion, and no Owner shall object to, interfere with or otherwise
impede the development of any remaining portion of the Property or Woodbridge, oi- any
additional property annexed to the Property and that this acknowledgment and agreement is
a material consideration to Grantor;
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14.10.8 Roads. Owner acknowledges that the Ada County Highway District
and/or the Idaho Department of Transportation haslhave plans to widen Locust drove Road
to a five-lane arterial, and to extend Locust Grove Road over Interstate 84 thereby connecting
Franklin Road and Overland Road. Owner understands and acknowledges that the widening
of road may result in increased noise, ~nvironrnental impacts and visual impacts and Grantor
and the Master Associati~nshall have no obligation or respon~sibility to alleviate or eliminate
any noise, or visual impact created thereby; El C
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14.10.9 Five Mile Creek. Woodbridge is intersected by Five Mile Creek,
which serves as-a divider between two proposed Phases within Woodbridge. Five Mile
Creek ?s an irrigation and storm water drainage channel under the jurisdiction of the Nampa
& Meridian Irrigation District. The water which flows through Five Mile Creek varies in
volume depending upon the time of year and general weather conditions. The property
immediately adjacent to Five Mile Creek is designated as €ernmon Area, and Owners must
abide by any and all rules and regulatftms regarding the use of such Common Area. The
Nampa & Meridian Irrigation District has an easement to maintain and repair the drainage
channel lying within Five Mile Creek, and such maintenance and repair may result in
damage to the Common Area. The Owners also acknowledge and agree that no Owner may
interfere with or otherwise impede Nampa & Meridian Irrigation Districts's use of Five Mile
Creek;
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14.10.10 'Wetlands. Certain areas within the Property may be subject to
regulation of the United States Army Corps of Engineers as wetlands areas. No Owner shall
be permitted to fill, dig, dredge or otherwise interfere with any such Wetlands ,fjrea. Owner
further acknowledges that any use of such WetJands areas is subject to the restrictions set
forth in Section 9.23;
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14.10.11 Flood Plain. Each Owner acknowledges and understands that certain
Lots located adjacent to Five Mile Creek fall within the one hundred (100) year flood plain.
Grantor anticipates that through filling, grading and constnLction, the affected Lots have
been, or will be, removed from the flood plain. However, each Owner purchasing a Lot
adjacent to Five Mile Creek should conduct such independent investigation and inquiries as
such Owner deems appropriate to be aware of any and all issues associated with building in
a flood plain area, including without limitation the necessity of purchasing flood insurance.
MASTER DECLARt\.TIO~ - 50
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14.10.12 Pathwavs. The Property contains an extensive pathway system
accessible by the general public which crosses portions of the Property, including individual
Lots, pursuant to a Plat or other recorded instrument, and Owner acknowledges that members
of the public and Owners may use the pathway system and that the Master Association will
have access thereto to maintain, operate and repair that portion ofthe public pathway system
located on an Owner's Lot. The pathways serving the Property and located along Locust
Grove Road and Woodbridge Drive are located within the public right-of-way governed by
ACHD. These pathways are subject to the terms and conditions of a License Agreement by
cp1d between Grantor and ACHD and each Owner agrees to comply with the terms and
conditions contained therein. A pathway may also be constructed along Five Mile Creek
upon a portion of the Property for which the Nampa &Meridian Irrigation District claims an
easement. This pathway is to be subject to the terms and conditions of a license agreement
by and between the Association and the Nampa & Meridian Irrigation District and each
Owner agre~s to comply with the terms and conditions contained therein.
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14.10.13 Secondarv Access. Owner acknowledges that ACHD has
contemplated the construction of, and may construct in the future, a secondary access to and
from the end ofthe Property and Eagle Road. Owner understands and acknowledges that the
construction of a secondary access to the Property may result in increased traffic, noise,
environmental impacts and visual impacts and Grantor and the Master Association shall have
no obligation orresponsibility to alleviate or eliminate any noise, or visual impact associated
with the construction of such secondary access;
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14.10.14 Emergencv Access. Emergency service vehicles will be able to
access the Property via a restricted access route which runs through Greenhill Estates
subdivision to the north ofthe Woodbridge property. Grantor has dedicated fifty (50) feet
of right of way to ACHD for such emergency access. Owner acknowledges that ACHD may
utilize this fifty (50) feet of right of way for the purpose of providing a permanent access
route through Greenhill Estates.
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14.10.15 Domestic Water Pressure. The domestic water system for the Property
is part of a low pressure zone. Although the system will provide water pressures in the range
of 40-50 PS( which exceed the minimum standards established by the State of Idaho
Department of Environmental Quality, system pressures may be lower than those
experienced in surrounding higher pressure zon~s. A high pressure zone exists to the east
of, but not adjacent to, Woodbridge. If the City of Meridian extends a high pressure line ~
from that high pressure zone adjacent to Woodbridge at such time as the remainder of
Woodbridge is developed, the domestic water system for all of the Property will be
connected to that high pressure system. Owner acknowledges and understands the provision
of domestic water, and the pressure thereof, is outside the control of Grantor or the Master
Association and is the responsibility of the City of Meridian. Although Grantor has agreed
to connect the Property to a higher pressure system in the future, such cofthection is
conditioned upon the City of Meridian extending a high pressure line to the Property.
MASTER DECLAR;.\TIO;\, - 51
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14.10.16 Locust View Heights Water Users' Association Easement. Owner
acknowledges that the Locust View Heights Water Users' Association has a statutory
easement to maintain and repair a buried irrigation ditch located on and through the Common
Area and certain Lots as depicted on the Plat for the Property and as more particularly
described in the Supplemental Declaration governing that portion of the Property. No Owner
shall interfere with or otherwise impede the use of such easement by the Locust View
Heights Water Users' Association. ,.
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14.10.17 Acceptance of Lots "As Is". That Owner has accepted title to the
Lot(s) after conducting all necessary inquiries and due diligence, and that Owner takes the
Lot(s) "As Is, Where Is."
14.10.18 No Warranties. Owner acknowledges that no warranties, either
express or implied, written or verbal, or understandings other than those expressly contained
in.any written document between Grantor and an Owner. .
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MASTER DECLA..RA TION - 52
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IN WITNESS WHEREOF, the undersigned has duly executed this Master Declaration this
23rd day of October, 2000.
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i\IASTER DECLAR.A.TIO;\ - 53
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WOODBRIDGE COMMUNITY LLC,
an Idaho limited liability company
By: O'Neill Enterprises, Inc.,
an Idaho corporation, its Manager
By: ~~J
;. erick O'Neill, President
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STATE OF IDAHO )
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County of Ada )
On this 23,d day of October, in the year 2000, before me, the undersigned, a Notary Public
in and for the State ofIdaho, personally appeared Derick O'Neill, known or identified to me to be
the President of O'Neill Enterprises, Inc., an Idaho corporation, the corporation that executed this
instrument and the person who executed the instrument on behalf of said corporation, said
corporation known to me to be the Manager of Woodbridge Community LLC, the Idaho limited
liability company that executed the instrument and acknowledged to me that slJch corporation
executed the same on behalf of said limited liability company and that said limited liability company
executed it.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
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MASTER DECLAR<\TIOi'\ - 5;\
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EXHIBIT A
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The South Half of the Northwest Quarter of Section 17, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho.
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MASTER DECLAR~TIOm-; - 55
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