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HomeMy WebLinkAboutOrdinance~, _ • .' : • DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS MAW'S EDITION #3 DATED: RECORDED: INSTRUMENTS N0. ARTICLE I KNOW ALL MEN BY THESE PRESENTS. That the undersigned does hereby certify and declare that they are the owner of the property hereinafter described: A Parcel of land being a portion of Lot 3 of the Eastside Addition to Meridian as on file in Book 4 of Plats at Page 158 in the Office of the Ada County Recorder, Boise, Idaho situated in the NE 1/4 of Section 7, T.3N., R.lE., B.M., Meridian, Ada County, Idaho and being more particularly as follows: COMMENCING at a brass cap marking the East 1/4 corner of said Section 7; thence along the South line of the said NE 1/4. South 89*07'04" West 654.36 feet to a point on the extended East right-of-way boundary of North Adkins Lane; thence along the said East right-of-way boundary extended and the East right-of-way boundary North 00*Ol'56" East 197.60 feet to a brass cap marking the POINT OF BEGINNING; thence continuing North 00*O1'56" East 480.00 feet to an iron pin on the South boundary of Danbury Fair Subdivision No. 7 as on file in Book 72 of Plats at Page 7407 in the said Office of the Ada County Recorder; Boise, Idaho; thence along the said South boundary North 89*21'51" East 105.00 feet to an iron pin marking the Northwest corner of. Maws Addition No. 2 as on file in Book 62 of Plats at Page 6247 in the said Office of the Ada County Recorder; thence along the West boundary of said Maws Addition No. 1 as on file in Book 61 of Plats at Page 6099 in the said office of the Ada County Recorder South 00*O1'S6" West 480.00 feet to an iron pin; thence leaving the said West boundary of Maws Addition No. 1 South 89*21'S1" West 105.00 feet to the POINT ~F BEGINNING, SAID PARCEL OF LAND CONTAINS 1.157 ACRES, MORE OR LESS. NOW THEREFORE, the undersigned hereby declares that these protective restrictions and covenants shall run with the land described herein and shall be binding upon the parties hereto and all successors in title interest to said real property or any part thereof, for a period of thirty (30) years from the recorded date of these Covenants at which time said Protective Restrictions and Page 1 of 31 _. • • Covenants shall be automatically extended for successive periods of ten (10) years unless the owners of legal title to not less than two- thirds (2/3) of the platted residence tracts of platted lots by an instrument or instruments in writing, duly signed and acknowledged Page 2 of 31by them shall then terminate or amend said Protective Restrictions and Covenants and such termination or amendment shall become effective upon filing of such instrument or instruments for record in the office of the Recorder Page of Ada County, Idaho. Such instrument or instruments shall contain proper references by volume and page numbers to the record of this Declaration in which the Protective Restrictions and Covenants are set forth and all amendments herein. ARTICLE II BY GRANTOR. Until the close of escrow for the sale of the first building lot in the Property, the provisions of the Declaration may be amended or terminated by Grantor by recordation of a written instrument setting forth such amendment or termination. For the purpose of this Declaration, the close of escrow shall be deemed to be the date on which a deed granting a building lot is recorded in the office of the Ada County Recorder. BY OWNERS. Amendment of the Declaration of Protective Restrictions and Covenants requires at least two-thirds (2/3) vote of the lot owners. PROVIDED HOWEVER, such amendments provided for herein shall be first subject to the approval of Federal ,Housing Administration and/or the Veterans Administration. Any amendment must be recorded and the same shall become effective upon the filing of such instrument of instruments in the office of the County Recorder of Ada County, Idaho. ARTICLE III PROPERTY USE RESTRICTIONS A. Building Restrictions. All lots in said subdivision shall be known and described as residential lots and restricted to residential use as allowed by current applicable zoning regulations and no structure shall be erected upon building site Page 2 of 31 • • • therein other than one detached single family dwelling with none of the dwelling erected to exceed two (2) stories in height. B. TYPE OF BUILDING All buildings shall be of frame, stone or brick and shall be maintained in a good state of repair and if other than brick or stone shall be finished and painted and such finish to be kept in good repair. Said property shall be used in such manner as to be inoffensive to any other property owner thereof. Architectural Asphalt shingles or wood shakes. The roof pitch for all buildings shall be five-twelve (5/12) pitch or greater. C. MINIMUM BUILDING SIZE Any residential building erected upon said property shall have a floor area required under provisions set by the Architectural Control Committee. In no event shall the required area be less than 1,209 square feet of ground floor area of a one-story house except Lots through of Block No split entry buildings are allowed. The minimum ground floor area shall be exclusive of garage, carport, patio, breezeway, storage room, porch and deck floor area. No buildings shall exceed thirty-two (32) feet in height unless approved by the Architectural Committee. All dwelling units must be constructed with a minimum two (2) car attached garage. D. BUILDING LOCATION. No dwelling unit or other structure (exclusive of fences and similar structures) shall be placed nearer to the building lot lines than permitted by the plat for the property or applicable zoning laws. The subdivision is located in an R-9 zone with the setbacks in accordance with City of Meridian. In no event is any building to be located with setbacks in violation of City of Meridian zoning regulations in effect at the time of the recording of these documents. All foundation shall be of a height to assure and provide for proper slope and drainage from all lots. E. PROSECUTION OF CONSTRUCTION WORK The construction of each dwelling and associated structures shall be prosecuted diligently and continuously from time of commencement thereof until such dwelling and associated structures are fully completed and painted. All structures shall be completed as to external appearance including finish painting, within three (3) months from the date of commencement of construction unless prevented by causes beyond the control of the owner or builder and only for such time as that cause continues. F. WING OF BUILDING. Construction of outbuildings -- No buildings or structures shall be moved onto said real property or building site except a new fabricated structure of a type and design Page 3 of 31 • • approved by the Architectural Control Committee as established herein. Further provided, that a new fabricated building or structure shall have a HUD-FHA structural engineering bulletin issued and in current existence. No trailer houses or mobile homes shall be parked in any street or within building setback lines. No mobile home, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently, nor shall any residence of a temporary character be permitted. G. BILLBOARDS-SIGNS. No signs of any kind shall be displayed to the public view on any residential building site except one professional sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a builder or the Declarant to advertise the property during the construction and sales period. H. MINING AND DRILLING OPERATIONS. No portion of the property or any lot shall be used for the purpose of mining, q u a r r y i n g , drilling, boring or exploring for or removing water, oii, gas or other hydrocarbons, minerals, rocks, stones, gravel, earth or stream. I. EXCAVATIgNf DEFACING OF LANDSCAPE. No excavation for stone, sand, gravel, earth, or minerals shall be made upon a building site unless such excavation is necessary in connection with the erection of an improved structure thereon. J. REFUSE DISPOSAL - MATERIAL STORAGE. No lot shall be used as a dumping ground for rubbish or as a storage site for building or other materials, trash, garbage, ashes and other waste or refuse. Such materials shall be kept only in suitable sanitary containers and shall not be thrown, dumped or otherwise disposed of upon the real estate. All incinerators or other equipment for the storage or disposition of such material shall be kept in a clean and sanitary condition with such material being periodically disposed of as required by appropriate local health authorities. K. FENCES - HEDGES.. No fence, wall, hedge or shrub planting which obstructs sight lines at elevation between 4 and 8 feet above roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property line and a line connecting them at points 25 feet frpm the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with edge of a driveway or alley pavement. No trees shall be permitted to Page 4 of 31 .. :~ ~ . • remain within such distances of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. No fences, wall, hedge, or shrub planting which obstructs view shall be placed nearer to front lot line than twenty (20) feet nor to street side yard of fifteen (15) feet, but in no case closer to street than building setback line. Fences or walls shall be constructed of new materials and shall be of same quality, material and design as existing subdivision perimeter fencing. No fence shall be greater than six (6) feet in height above finished graded surface of the ground upon which such fence, wall, hedge or shrub planting is situated. No fences permitted in Block 1 with the exception of partial screening or privacy fencing, Screening or privacy fencing must be approved in writing by the Architectural Control Committee prior to construction. L. LANDSCAPING. Within thirty (30) days after the completion of construction of the building on a building lot (unless such time is extended by the Architectural Committee for good cause), the Grantee of such lot shall install the landscaping provided for in the plans and specifications. Plans and specification approved by the Architectural Committee must include provisions which allow for the following for all lots: 1. Sod for front and side yards of corner lots 2. Sod for front yards of interior lots 3. All front yards to have at least one (1) approved tree having a diameter of at least two (2) inches. A grantee shall maintain the landscaping on his building lot in a neat and attractive condition, including all necessary gardening to properly maintain and periodically replace when necessary the trees, plants, grass and other vegetation. It is understood that the Grantee is filing and recording documents to set up a Property Owners Association of Maw's Addition #3 Subdivision for the purpose of maintenance of all landscape easement areas. M. ~,1~TIMALS. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose and provided that the keeper of such pets complies with all city and county laws, rules and regulations. All dogs and cats or other household pets kept on these premises shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others. Dogs shall not be allowed to run at large. No owner or owners of a building Page 5 of 31 + • • • lot may keep more than two (2) domesticated pets on a building lot. No dog runs or kennels shall be permitted to be kept or placed within five (5) feet of the property line of any lot, or within five (5) feet of a setback line where applicable. Dog runs or kennels shall only be permitted to be placed and maintained to the rear of dwellings and in no event shall such structures be visible from the street. ~, ~,~wnr.F DISPOSAL SYSTEMS, WATER AND UTILITIES. No individual sewage disposal system shall be used and each Grantee shall hook on to the City of Meridian Sewer System and pay all charges assessed therefor, including the monthly sewer charge to be paid after connecting to the City of Meridian public sewer system, according to the ordinances and laws of Boise City and/or Ada County. Grantee shall submit to inspection by either the Department of Public Works or the Building Department whenever a subdivided lot is to be connected to the sewage system constructed and installed on and within its property. All lots shall use water provided by the Boise Water Corporation, no lot shall have an individual water system. Such Grantee agrees at his sole expense to pay connection charges as established by applicable util~.ty entity connecting thereto. The undersigned owner shall not be liable for the cost thereof but may recover funds advanced to utilities after installation. Each owner of a lot shall be responsible for maintaining, repairing and replacing the sewer services and/or public water connection lines which service the owner's dwelling unit on the lot. Any utility easement which exists for the benefit of the owners of any lot within this development shall be accessible for repair/replacement of said utility line lying within the easement. All utilities services shall be underground, including without limitation, telephone, electricity and cable television. O. ANTENNAE. No television antennae, satellite receivers or radio aerials shall be installed or allowed to remain on the property other than the interior of a unit. P. ::O UNSCREENED VEHICLES, BOATS CAMPERS OTHER VEHICLES AND OTHER ITEMS. No unsightliness shall be permitted on any lot or common area. Without limiting the generality of the foregoing, all unsightly facilities, equipment or structures shall be enclosed within approved structures, or appropriately screened from view. Trailers, mobile homes, boats, tractors, vehicles other than automobile campers, snow removal equipment, golf carts, garden or maintenance equipment shall at all times, except when in actual use, be kept in an enclosed structure or screened from view. Refuse, garbage and trash shall be kept at all times in coffered, reasonably noiseless containers which Page 6 of 31 • • • shall be kept within an enclosed structure or appropriately screened from view. Service areas, storage piles, compost piles and facilities for hanging, drying or airing clothing or household fabrics shall be appropriately screened from view. No lumber, grass, shrubs or tree clippings or scrap or refuse or trash shall be kept, stored or allowed to accumulate on any lot or common area . Q. LIGHTS, SO D-GENERAL. No light shall be emitted from any lot within the property or from common area which light is unreasonably bright or causes unreasonable glare. No sound shall be emitted from any lot or common area which is unreasonably loud or annoying, and no odors shall be emitted on any property which are noxious or offensive to other. R. ZONING C~IPLIANCE. Each owner shall comply with all applicable zoning, fire and public health and safety codes and ordinances applicable to the owner's building lot. ARTICLE IV AaRCHITECTURAL CONTROL COMMITTEE A. MEMBERS OF THE COMMITTEE. The Architectural Committee, some- times referred to as the "Committee", shall consist of three (3) members. The following persons are hereby designated as the initial members of the Committee: Steven G. Gregory Heather B. Stephens Pamela A. Graham Each of said persons shall hold office until such time as he has resigned or has been removed ox his successor has been appointed, as provided herein. $, RTC.HT OF APPOINTMENT AND REMOVAL. At any time Grantor is the owner of at least ten percent (10°x) of the lots, Grantor shall have the right to appoint and remove all members of the Committee. Thereafter, the then record owners of a majority of the lots shall have the power through a duly recorded written instrument to appoint and remove all members of the Committee. In the event of the death or resignation of a member of said Committee a representative will be appointed to fill the vacancy. The powers and duties of such Committee or of its designated representative shall close after all lots have been sold and the building(s) described in Article III have been Page 7 of 31 i ~ • • completed. Thereafter the approval described in this covenant shall not be required unless prior to said date and effective thereof a written instrument shall be executed by the then recorded owners of a majority of the lots in this sub division and duly recorded appointing a representative or representative who shall thereafter exercise the same powers previously exercised by said Committee. Neither the Committee nor any Member thereof nor its duly authorized Committee Representative shall be liable to any owner or Grantee for any lose, damage or injury arising out of or in any way connected with the performance of the Committee's duties hereunder unless due to the willful misconduct or bad faith of the Committee. No member of such Committee nor its designated representatives shall be entitled to any compensation for services performed pursuant to this covenant. C. REVIEW OF PROPOSED CONSTRUCTION. No buildings shall be erected, placed or altered on any building lot in this subdivision until the building plans, specifications and the plat plans showing the location of such building shall have been approved as to location of the building with respect to topography, property lines and finish ground elevation by the Committee. The Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition on the basic inter alia of aesthetic consideration of color schemes, exterior finishes and materials and similar features and the overall benefit or detriment which would result to the immediate vicinity and the property generally and the other standards and requirements set forth herein. Exterior colors shall be neutral colors only. No black, red, pink, yellow or purple colors shall be allowed on exterior walls. The Committee shall not be responsible for reviewing, nor shall its approval of any plan design be deemed approval of any plan or design from the standpoint of structural safety of conformance with building or other codes. The Committee may act with a simple majority present to fulfill it's duties and powers. The Committee shall have full power to approve or disapprove such designs or location within thirty (30) days after such plans and specifications have been submitted to it or in the event that no suit to enjoin the erection of such building or the making of such alterations has been commenced prior to the completion thereof such approval will not be deemed approval of any plan or design from the standpoint of structural safety or conformance with building or other codes. Page 8 of 31 VACATIONS, RELOCATIONS, EASEMENTS The undersigned owners further reserve to themselves, their licensees, successors and assigns, the right and power to vacate and relocate or to plat new streets by instrument filed of record, any street or ally as long the undersigned owner. owns each of the parcels which are adjacent to the street both vacated and relocated on the new and old xight-of-way and provide an adequate roadway in place of any vacated. Provided, nevertheless, vacation and relocation, easements, right-of-ways and streets allowed hereunder shall be made in accordance with the minimum standards of the State of Idaho, Ada County and Meridian, Idaho laws and ordinances and regulations thereunder in relation to platting in effect at the time of the construction of improvements. This provision shall not be deemed to include any provisions of statute giving any Grantee hereunder the right to object to such variances, relocations, vacations and dedications and such rights of protest are transferred to the undersigned owners hereunder. Where any restrictions, easement or dedication herein vary from the requirements of the subdivision or other ordinances of the city or county having jurisdiction and the requirements of the city or county ordinances relative to subdivision are more restrictive, said more restrictive requirements shall be deemed to be a part hereof as if set forth herein as part of these Restrictive Covenants. This limitation shall apply in particular to locations of public easements and ways where the same are particularly required by such ordinances but not set forth herein. ARTICLE VI VIOLATIONS OR ATTEMPT TO VIOLATE RESTRICTIONS That should any Grantee violate or attempt to violate any of the provisions of these Protective Restrictions and Covenants any other person or persons owning any real property embraced in the said subdivision plat shall use these Protective Restrictions and Covenants either to prevent him or them from doing so or to recover damages sustained by reason of such violation. Any owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, Page 9 of 31 .. .. ~ ~ • • reservations, liens and charges now or hereafter imposed by the provisions of the Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed as a waiver of the right to do so thereafter. In the event of judgment against any person for violation of this Declaration the Court may award injunction against any person for such violation, require such compliance as the Court deems necessary, award such damages, reasonable counsel fees and Court costs as may be deemed just and equitable. The invalidation of any provision, sentence or paragraph contained in these Protective Restrictions and Covenants by judgment or court order shall in no way affect or invalidate any of the provisions, sentences or paragraphs of said of said Protective Restrictions and Covenants but the same shall be and remain in effect. ARTICLE VII MAW'S ADDITION #3 - HOMEQWNERS ASSOCIATION 6.1 ORGANIZATION OF ASSOCIATION. The Maw's Addition Homeowners Association, the (Association) shall be organized by the Declarant as an Idaho corporation under the provisions of the Idaho Code relating to general non-profit corporations and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, By-Laws and this Declaration. Neither the Articles nor the By-Laws, shall for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with the Declaration. 6.2 MEMBERSHIP. Each owner (including Grantee and Declarant) of a lot by virtue of being such an owner and for so long as such ownership is maintained, shall be a Member of the Association, and no owner shall have more than one membership in the Association, except as hereinafter set forth with respect to voting. Memberships in the Association shall not be assignable, except to the successor-in- interest of the owner, and all memberships in the Association shall be appurtenant to the lot owned by such owner. The memberships in the Association shall not be transferred, pledged or alienated in any way except upon the transfer of title to said lot and then only to the transferee of title to said lot. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Association. 6.3 VOTING. The Association will have two (2) classes of voting Page 10 of 31 . • • memberships. A. Class A. Class A members shall be the owners, with the exception of the Declarant, and shall be entitled to one (1) vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any lot. B. Class B. The Class B member shall be the Declarant. Upon the first sale of a lot to an owner, Declarant shall there upon be entitled to four (4) votes for each lot of which Declarant is the owner. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: 1. When seventy-five (75~) per cent of the lots are deeded to homeowners. 2. January 1, 1999 6.4 BOARD OF DIRECTORS. The affairs of the Association shall be conducted by a Board of Directors and such officers as the Directors may elect or appoint, in accordance with the Articles and By-Laws, as the same may be amended from time to time. The initial Board of Directors of the Association shall be appointed by the incorporator or its successors and shall hold office until the first annual meeting, at which time a new Board of Directors shall be elected in accordance with the provisions set forth in the By-Laws. 6.5 POWER AND DUTIES OF THE ASSOCIATION. A. Powers. The Association shall have all the power of a non-profit corporation organized under the general non- profit corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the By-Laws and this Declaration. It shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under this Declaration, The Articles and the By-Laws, and to do and perform any and all acts which may be necessary or proper for, or incidental to the proper management and operation of the common area and the performance of the other responsibilities herein assigned, including without limitation; Page 11 of 31 l.p~ssessments. The power to levy assessments (annual, special and limited) on the owners of lots and to force payment of such assessments, all in accordance with the provisions of this Declaration. 2. Wight of Enforcement The power and authority from time to time in its own name, on its own behalf or in 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 Declaration or the Articles or the By-Law, including the Association rules adopted pursuant to this Declaration, and to enforce by mandatory injunction or otherwise, all provisions Yiereof. 3. De~g~tion of Powers. The authority to delegate its power and duties. to committee, officers, employees or to any person, firm or corporation to act as manager. Neither the Association nor the members of its Board shall be liable for any omission or improper exercise by the manager of any such duty or powex so delegated. 4. Association Rules. The power to adopt, amend and repeal by majority vote of the Board such rules and regulations as the association deems reasonable (the Association rules). The Association rules shall govern the use of the common areas by the owners, families of an owner, or by an invitee, licensee, lessee, or contract purchaser of an owner; provided, however, the Association rules may not discriminate among owners and shall not be inconsistent with this Declaration, the Article or By-Laws. A copy of the Association rules as they may from time to time be adopted, amended or repealed, shall be mailed or otherwise delivered to each owner. Upon such mailing or delivery and posting, said Association rules shall have the same force and effect as if they were set forth in and were a part of the Declaration. In the event of any conflict between any such Association rules and other provisions of this Declaration, or the Articles or By-Laws, the provisions of the Association rules shall be superseded by the provisions of this Declaration, the Articles or the By-Laws to the extent of any such inconsistency. 5. Emeraencv Powers. The Association or any person authorized by the Association may enter upon any lot 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 it 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 the Association. 6. Licenses Easements and Right-of-Wav. The power to grant and convey to any third party such licenses, easements and right-of-way in, on or under the common area as may be necessary or appropriate for Page 12 of 31 the orderly maintenance, preservation of the health, safety, convenience and welfare of the owners, for the purpose of constructing, erecting, operating or maintaining: a. Underground lines, cables, wires, conduits and other devises for the transmission of electricity for lighting, heating, power, telephone and other purposes; b. Public sewers, storm drains, water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes; and: c. Any similar public or quasi-public improvements or facilities. The right to grant such licenses, easements and right-of- way are hereby expressly reserved to the Association. 7. out;Qs of the Association. In addition to the power delegated to it by the Articles, without limiting the generality thereof, the Association or its agent, if any, shall have the obligation to conduct all business affairs of common interest to all owners, and to perform each of the following duties: a. aerations 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 and all other property acquired by the Association. b. Taxes and Assessments Pay all real and personal property taxes and assessments separately levied against the common area owned and managed by the Association or against the Association and/or any property owned by the Association. Such taxes and assessments may be contested or compromised by the Association; provided, however, that they 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. In addition, the Association shall pay all other taxes, federal, state or local, including income or corporation taxes levied against the Association in the event that the Association is denied the status of a tax exempt corporation. o, water end Other Utilities. Acquire, provide and/or pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone and gas and other necessary services for the common area and other property owned and managed by it. d. Insurance. Obtain, from reputable insurance companies authorized to do business in the State of Idaho and maintain in effect Page 13 of 31 the following policies of insurance. 1. Comprehensive public liability insurance insuring the Board, the Association, the Declarant and the individual owners and agents and employees of each of the foregoing against any liability incident to the ownership and/or use of the common area or other property owned or managed by it. Limits of liability of such coverage shall be as follows: Not less than Five Hundred Thousand Dollars ($500,000.00) per person and Five Hundred Thousand Dollars ($500,000.00) per occurrence with respect to personal injury or death, and property damage. 2. Full coverage directors and officers liability insurance with a limit of Two Hundred Fifty Thousand Dollars ($250,000.00). 3. Such other insurance including Workman's Compensation insurance to the extent necessary to comply with all applicable laws and indemnity, faithful performance, fidelity and other bonds as the Board shall deem necessary or required to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of any Association funds or other property.. 4. The Association shall be deemed trustee of the interest of all members of the Association in any insurance proceeds paid to it under such policies, and shall have full power to receive their interest in such proceeds and to deal therewith. 5. Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the annual assessments levied by the Association. 6. Not withstanding any other provisions herein, the association shall continuously maintain in effect such casualty, flood and liability insurance and a fidelity bond meeting the insurance and fidelity bond requirements of HUD projects established by the U.S. Department of Housing and Urban Development. E. Rule Mak,,~nQ. Make, establish, promulgate, amend and repeal the Association rules. F. Architectural Committee Appoint and remove members of the committee, all subject to the provisions of this Declaration. G. Drainag®~yRtems. Operate, maintain, repair ar~d replace the landscaped berm, including the sprinkler system installed thereon, and the waterfall and associated amenities. Page 14 of 31 ~ ~ ~ ~ H. Right-of-T~1ay Maintenance. Maintain, repair and replace the landscape berm, including the sprinkler system installed thereon, and the fence located on the public right-of-way which lies along the boundary of the property. I. Irrigation Maintenance. Maintain, repair and replace all irrigation lines or channels located in or serving the common area, and to pay all maintenance and construction fees of the irrigation district with respect to the property, which amounts shall be assessed against each lot as provided herein. 6.6 PERSONAL LIABILITY. No member of the Board or any committee of the Association, or any officer of the Association, or the Declarant, or the manager, if any, shall be personally liable to any owner, or to any other party, including the Association, for any damages, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of the Association, the Board, the manager, if any, or any other representative or employee of the Association, the Declarant or the Committee, or any other committee, or any officer of the Association, or the Declarant provided such person has, upon the basis of such information as may be possessed by him, acted in good health without willful or intentional misconduct. ARTICLE VIII f'nVFNANT FOR MAINTENANCE ASSESSMENTS ~~ rQ~aTTnw~ OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS. The Declarant, for each lot owned within the Properties, hereby covenant and each owner of any lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, in deemed to covenant and agree to pay to the Association: A. Annual regular assessments or charges, and B. Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. C. Limited assessments as hereinafter provided. The annual, special and limited assessments, together with interest, cost and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together Page 15 of 31 with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessment shall not pass to his successors in title unless expressly assumed by them. D. PURPOSE OF ASSESSMENTS. The regular assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the properties and for the improvement and maintenance of the common area, and to pay the annual assessments of the irrigation distract. E. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS. In addition to the annual regular assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year, only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the common area, including fixtures and personal property related thereto, including that any such assessment shall have the assent of two-thirds (2/3) of the qualified voters, either in person or by proxy at a meeting duly called for this purpose. F. LIMITED ASSESSI~NTS. The limited assessments may be levied against any owner in an amount equal to the costs and expenses incurred by the Association, including legal fees for corrective action necessitated by such owner, including, without limitation, cost and expenses incurred for the repair and replacement of the common area or other property owned or maintained by the Association, damaged by negligent or willful acts of an owner or occupant of a lot who is occupying the lot with the consent of such owner, or for maintenance of landscaping performed by the Association which has not been performed by owner as provided herein. 7.2 MAXIMUM ANNUAL ASSESSMENT. Until January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual regular assessment shall be One hundred twenty and no/100 dollars ($120.00) per lot, to be billed and paid semi-annually. A. From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased each year not more than five percent (5%) above the maximum assessment for the previous year without a vote of the membership of the Association as provided below. Page 16 of 31 .-- . against the owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the common area or abandonment of his lot. 7.7 SLIBORDIN~ITION ~F, THE LIEN TO MORTGAGES. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale of transfer or any lot pursuant to mortgage foreclosure or any proceeding in lien thereof, shall extinguish the lien of such assessments as to payment which become due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. 7.8 EFFECT OF NONPAYMENT AS AGAINST MORTGAGES. No mortgages shall be required to collect an assessment, and the failure of the owner to pay assessments shall not by itself cause a default under an insured (HUD/VA) mortgage. 8.1 ~~TING. The first annual meeting of the members shall be held within one (1) year from the date of incorporation of the Association, and each subsequent regular annual meeting of the members shall be held on the same day of the month of each year thereafter, at the hour of 7:00 o'clock, p.m. If the day of the annual meeting of the members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday. 8.2 SPECIAL MEETING. Special meetings of the members may be called at any time by the president or by the Board of Directors, or upon written request of the members who are entitled to vote one- fourth (1/4) of all of the votes. 8.3 NOTICE QF FETING. Written notice of each meeting of the members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least fifteen (15) days before such meeting to each member entitled to vote thereat, addressed to the member's address last appearing on the books of the Association, or supplied by such member to the Association for the purpose of notice. Page 18 of 31 • such member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing, for a period not to exceed sixty {60)days for infraction of published rules and regulations. C. Exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these By-Laws, the Articles of Incorporation, or the Declaration. D. Declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors; and E. Employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties. 11.2 DUTIES. It shall be the duty of the Board of Directors to: A. Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one- fourth (1/4) of the members who are entitled to vote; B. Supervise all officers, agents and employees of this Association, and to see that their duties are properly performed; C. As more fully provided in the Declaration, to: 1. Fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period; 2. Send written notice of each assessment to every owner subject thereto at least thirty (30) days in advance of each annual assessment period; and 3. Foreclose the lien against any property for which assessments are not paid within thirty (30) days after the due date or to bring an action at law against the owner personally obligated to pay the same. D. Issue, or cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate state an assessment has been paid, such certificate Page 21 of 31 ' . • shall be conclusive evidence of such payment. E. Procure and maintain adequate liability and hazard insurance on property owned by the Association; F. Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate. ARTICLE XIII OFFICERS AND THEIR DUTIES. 12.1 ENUMERATION OF OFFICERS The officers of this Association shall be a president and vice-president who shall at all times be members of the Board of Directors, a secretary and a treasurer, and such other officers as the Board may from time to time by resolution create. 12.2 ELECTION OF OFFICERS. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members. 12.3 TERM• The officers of this Association shall be elected annually by the Board and each shall hold office for one ( i ) year unless he or she shall sooner resign, or shall be removed, or otherwise disqualified to serve. 12.4 SPECIAL APPOINTMENT. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine. 12.5 R~STGNATION AND REMOVAL Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. 12.6 VACANCIES. A vacancy in any office may be filled by appointment of the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces. 12.7 MULTIPLE OFFICES. The offices of secretary and treasurer Page 22 of 31 may be held by the same person. more the one (1) or any of the special offices created pursuant No person shall simultaneously hold other offices except in the case of to section 8.4. 12.8 DUTIES. The duties of the officers area as follows: A. President. The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all checks and promissory notes. B. Vice-President. The Vice-president shall act in the place and stead of the president in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board. C. Secretary. The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and shall perform such other duties as required by the Board. D. Treasurer. The treasurers shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account; cause an annual review of the Association books to be made by a public accountant at the completion of the fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy to the members. ARTICLE XIV The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member. The Declaration, the Articles of Incorporation and By- Laws of the Association shall be available for inspection by any member at the principal office of the Association, where copies may Page 23 of 31 • be purchased at reasonable cost. ,,ARTICLE XV As more fully provided for in the Declaration, each member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the property against which the assessment be made. Any assessment which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessments shall bear interest from the date of delinquency at a rate of six percent (6%) per annum, and the Association may bring an action at law against the property, and interest, costs and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No owner may waiver or otherwise escape liability for the assessments provided for herein by non-use of the common area or abandonment of the premises. 15.1 HUD/VA APPROVALS. Annexation of additional properties, dedication of Common Area, and amendment of this Declaration requires HUD/VA prior approval as long as there is a Class B membership. 15.2 FISCAL YEAR. The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation. 16.1 PRQCEDURE. Additional land within the area described in Page 24 of 31 • • • Exhibit "A", attached hereto and incorporated herein by this reference, may be annexed by Declarant without the FHA and the VA determine that the annexation is in accord with the general plan heretofore approved by them. Amendment of the Declaration to include such Additional Property, and to subject such Additional Property to the rights, privileges, restrictions, covenants and easements herein provided shall be made by the execution and recordation by Declarant of a Supplemental Declaration, which shall describe the Additional Property being annexed, and any supplemental covenants, conditions and restrictions applicable thereto, and shall describe the Common Area and Common Facilities thereof. Upon the recordation of the Supplemental Declaration, the Additional Property described therein, shall be subject to the terms and provisions of this Declaration as though included originally in this Declaration, and the definitions of Property, Common Area and Common Facilities shall automatically be amended to conform to such supplement or supplements, as shall all the other definitions herein, including the definitions of Lot and Owner. All Owners of Lots located within the expanded Project shall be subject to all easements, restrictions and reservations set forth in this Declaration and shall have the privileges of use of Common Area and Common Facilities, except as otherwise provided herein and subject to the restrictions and reservations set forth in the Declaration as amended and supplemented from time to time. 16.2 ANNEXATION OF ADDITIONAL PROPERTY: Annexation of land other than the area described in Exhibit "A" may only be done with FHA/VA approval. 16.3 DESIGNATION OF COITION AREA: Any Common Area and Common Facilities designated by Declarant as such on the plat of the newly annexed additional Property or in the Supplemental Declaration or conveyed to the Association by Declarant shall be subject to the same easements and other rights for the use and enjoyment of the Owners as for the other Owners of Lots subject to this Declaration. DECLARATION OF SOLnR COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made on the date herein set forth by Maw's Limited Partnership, hereinafter referred to "Declarant". WITNESSETH: WHEREAS, Declarant is the owner of certain property in the City of Meridian, County of Ada, State of Idaho, which is Maw's Limited Page 25 of 31 • Edition #3. • WHEREAS, Declarant proposes to subdivide the property described above and create the Maw's Edition Subdivision #3 pursuant to the City of Meridian Code and the Idaho Code. WHEREAS, the Meridian City Code require that private restrictions be recorded with division plats which provide the same level of solar access protection as required under the City's solar setback and new development solar access design ordinances. IVOW THEREFORE, in recognition of the economic and environmental benefits of solar energy use, Declarant desires to provide for the preservation of solar access in the subdivision and to that end desires to impose, in the form of covenants, conditions, and restrictions running with the land, a general scheme of solar access protection upon the ownership, use, and occupation of all lots therein which shall be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successor and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I ASOLAR ACCESS DEFINITIONS A. Exert Tree: Any preexisting vegetation as defined in Article II, Section B or any vegetation included on the list of solar friendly vegetation kept by the City of Boise's Public Works and Community Planning and Development Department. B. Front Lot Line: The line represented by the connection of the most distant corners of a lot, including flags, where said corners are in common with the boundary of a public or private road. For corner lots, the front lot line is designated on the plat. C. North Slopes The gradient, in percent slope, from the average finished grade of the front lot line of the shade restricted lot to the average finished grade of the solar lot line of a solar lot. The Slope must be downward or decreasing in elevation from south to north. D. Restricted Vegetation: A tree or other vegetation which is either evergreen, or if deciduous, tends to retain its leaves late in the fall and/or drops them late in the spring, or has a dense Page 26 of 31 • branching pattern which generally ,tends to block a high level of the sun's rays during the heating season. Refer to the list of "solar friendly" trees on file with the City of Meridian Public Works and the Community Planning and Development Department. E. Shade: That portion of the shadow cast by the shade point of a structure or vegetation which exceeds the 11.5 foot fence at the solar lot line at solar noon, January 1. F. Shade Point: That part of the structure, tree or other object, on a shade restricted lot, which casts the longest shadow (the most northerly shadow) when the sun is due south on January 21st at an altitude of twenty-six (26) degrees above the horizon, except a shadow caused by a narrow object such as a chimney, antenna, utility pole, wire, etc. G. Shade Point Heigh The vertical distance or height measured from the average elevation at the solar lot line to the shade point. If the shade point is located at the north end of a ridge line of a structure oriented within 45 degrees of a geodetic north-south line, the shade point height computed according to the proceedings sentence may be reduced by 3 feet. If a structure has a roof oriented within 45 degrees of a geodetic east-west line with a pitch which is flatter than 6 feet (vertical) in 12 feet (horizontal), the shade point will be the cave of the roof. If such a roof has a pitch which is 6 feet in 12 feet or steeper, the shade point will be the peak of the roof. H. Shade Restricted Lot: Any lot within the subdivision that is southerly of and adjacent to a solar lot. These lots have some restriction on vegetation types and structure height. I. ~o~ar Friendly VeQetation• A tree or other vegetation which is included on the solar friendly vegetation list kept by the City of Meridian's Works and Community Planning and Development Department. J. Solar Lot: A lot which has the following characteristics: 1. The front lot line is oriented within thirty (30) degrees of a geodetic east/west bearing; 2. The lot to the immediate south has a north slope of ten (10) percent or less; 3. Is intended for the construction of an above ground inhabited structure. K. Solar Lot Line: The most southerly boundary of a solar lot: the line created by connecting the most distant southerly corners of Page 27 of 31 i~ •~ the solar lot. L. Solar Setbacks: The most distance, measured perpendicular in a southerly direction, from the center of the solar lot line to the shade point of a structure or to restricted vegetation based upon its height at maturity on the shade restricted lot. ARTICLE II SOLAR ACCESS COVENANTS, CONDITIONS AND RESTRICTIONS A. Shade Restrictions: Each lot within the subdivision which is classified as a Shade Restricted Lot shall have the following restriction: Any structure or restricted vegetation (solar unfriendly) cannot cast a shadow higher than an imaginary fence 11.5 feet above the solar lot line on solar noon of January 21st when the sun is at an angle of 26 degrees above the horizon. This sun angle at noon on January 21 causes structures, vegetation, and other objects to cast a shadow twice as long as their height. The height of the shade point of a structure on the shade restricted lot is limited to 19 feet at the 15 foot rear yard zoning setback in order that the 11.5 foot high "solar fence" at the north property line of the Shade Restricted Lot is not exceeded. These standards assure that a structure built to the 15 foot rear yard zoning setback, on the Solar Lot located to the north, will not be shaded more than 4 feet above grade on its south wall on January 21 at solar noon. B. Pre-Existing vegetation: Restricted vegetation (solar unfriendly), which existed when the subdivision was platted is exempt from the provisions of these covenants, conditions and restrictions. Any lot which would be shaded beyond the allowed shade limit by such vegetation shall not be classified as a Solar Lot. C. Slone Exemption: Any lot with a average finished grade along the north-south lot dimension greater than ten (10) percent shall be exempt from the terms and conditions of these covenants, conditions and restrictions. D. Solar Setbacks: Each separate structure and item of restricted vegetation shall have a solar setback dependent on and calculated by its shade point height. All shade restricted lots shall have the following solar setbacks: Solar Setback (in feet) _ (Shade Point Height (in feet) - 11.5') x 2. Table 1 below shows a few examples of solar setbacks for given shade point heights. Page 28 of 31 ~ ~ TABLE 1 ~07~,R SETBACKS REQUIRED FOR A GIVEN SHADE POINT HEIGHT Shade Point Solar Height Setback 10' 0' 15' 7' 20' 17' 25' 27' 30' 37' E. Solar Friendly Vegetation: Certain vegetation is considered "solar friendly" and is not restricted in regards to location on individual lots. Such vegetation is deciduous, dropping its leaves during early fall and regaining them during late spring. Such vegetation also has sparse branching which allows a high level of sunlight to penetrate through. This growth cycle produces shading during summer but allows sun to penetrate during winter. A list of acceptable solar friendly trees is maintained by the Boise City Public Works and the Community Planning and Development Department. F. Maw's Edition #3 Solar 6 Shade Restricted lots are as Follows: INSERT RESTRICTED LOTS!!!! ARTICLE III SOLAR ACCESS RIGHTS, DUTIES AND RESPONSIBILITIES A. Solar Aceess Rights: The owner(s) of solar lots shall have a right to unobstructed solar access in accordance with these covenants, conditions, and restrictions. B. Solar Access Duties: The owner(s) of any lot shall not build, install, or otherwise allow a structure or non solar friendly tree on Page 29 of 31 • that lot to cast more shade at their solar lot line than permitted under these solar access covenants, conditions and restrictions. ARTIC? E IV A. Enforcement and Non-Waiver: Any lot owner, or Homeowner's Association, whether or not directly affected, shall have the right to enforce, by any proceeding at law or in equity, any violation or threatened violation of a provision of the Declaration. The failure of any person to enforce any covenant or restriction herein contained shall not be deemed a waiver of the rights granted herein. Waiver of one breach does not constitute waiver of any other breach. There can be no waiver of the right to solar access created by this Declaration. B. Severability: Invalidation of any of these covenants or restrictions by judgement or court order shall in no way effect any other provisions, which shall remain in full force and effect. C. Duration and Anolicability to Successors: The covenants, conditions and restrictions set forth in this Declaration shall be in effect perpetually, shall run with the land and shall insure to the benefit of and be binding upon the Declarant and all lot owners in the subdivision and their successors in interest. D. Amendment: This Declaration may be amended by the action of the owner of a majority of the lots in the subdivision affected by such amendment provided the amendment does not reduce the amount of solar access protection provided to the subdivision and the amendment is approved by the City of Meridian. IN WITNESS WHEREOF, the undersigned owners has executed this Declaration of Restrictive Covenants on this day of 1998. Steven G. Gregory General Partner Maw's Limited Partnership Page 30 of 31 STATE OF IDAHO ) ss COUNTY OF ADA ) On this day of in the year of before me, the undersigned, a Notary Public in and for said State, personally appeared Steven G. Gregory known or identified to me to be one of the partners of Maw's Limited Partnership and the partner who subscribed said partnership's name to the foregoing instrument, and acknowledged to me that he executed the same in said partnership name. Signature Residing at Boise Name _ _ __ My Commission expires Page 31 of 31