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HomeMy WebLinkAboutParamount Subdivision PP03-004MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless CITY OF Cri�ii�n .= V tl IDAHO ,1j LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PARKS & RECREATION (208 888-3579 - Fax 898-5501 PUBLIC WORKS (208) 898-5500 -Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 Keith Bird T F ^' "� 1� PLANNING AND ZONING 1903 (208) 884-5533 - Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: March 13, 2003 Transmittal Date: February 10, 2003 Hearing Date: March 20, 2003 File No.: PP 03-00,f-- Request: 3-004 Request: Preliminary Plat approval of 764 buildinl in proposed R-8, R-40, L -O & C -G zones lots and 37 other lots on 392.17 acres Paramount Subdivision By: Paramount, LLC Location of Property or Project: west of North Meridian Road and north of West McMillan Road David Zaremba, P/Z (No VAR, VAC, FP) Jerry Centers, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (No VAR, VAC, FP) Michael Rohm, P/Z Mo VAR, VAC, FP) Keith Borup, PIZ (No VAR, VAC, FP) Robert Come, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PP only) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP only) U.S. West (FP/PPonly) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada County (Annexation only) Meridian Development Corporation Historical Preservation Commission 33 EAST IDAHO - MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 - City Clerk Office Fax (208) 888-4218 - Human Resources Fax (208) 288-1193 CITY OF MERIDIAN Planning & Zoning Department FILE 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 " 03-W (208) 884-5533 Phone / (208) 888-6854 Fax REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT (RE: Meridian Subdivision Ordinance — 12-3-1 thru 12-3-6) GENERAL INFORMATION 1. Name of annexation and subdivision: Paramount Subdivision 2. Address, general location of site: Section 25 4N 1 E bounded by Chinden Meridian McMillan & Linder 3. Owner(s) of record: Paramount, LLC Address: 12426 W Explorer Drive Suite 220 Boise ID 83713 Telephone: 378-4000 Fax: 377-8962 E-mail: idwardlegwardlegroup com 4. Applicant: Paramount, LLC Address: 12426 W Explorer Drive Suite 220 Boise ID 83713 Telephone: 378-4000 Fax: 377-8962 E-mail: idwardlekwardlegroup com 5. Engineer: Gene Smith Firm: Engineering NorthWest Address: 423 S. Ancestor, Suite 180, Boise ID 83704 Telephone: 376-5000 Fax: 376-5556 E-mail: gsmithgengnw.com 6. Name and address to receive City billings- Name: Paramount LLC Address: 12426 W. Explorer Drive Suite 220 Boise ID 83713 Telephone: 378-4000 PRELIMINARY PLAT FEATURES 1. Acres: 392.17 2. Number of building lots: 764 3. Number of other lots: 37 4. Gross density per acre: 2.62 units/acre 5. Net density per acre: 3.22 units / acre 6. Zoning District(s): Existing: RUT & Rl Proposed: R8, R-40, L-0 and C -G 7. Does the plat border a potential green belt or pathway? No 8. Have recreational easements been provided for? No 9. Are there proposed recreational amenities to the City? Yes, a regional pathway from Meridian Road to Linder Road. 10. Are there proposed dedications of common areas? Yes. To the Homeowners Association. For future parks? No. 11. What school(s) service the area? E: River Valley; M: Lowell Scott and H• Eagle Do you propose any agreements for future school sites? No. - 12. Are there any other proposed amenities to the City? No. 13. Type of building (residential, commercial, industrial, office or combination): residential and commercial 14. Type of dwelling(s) (single family, duplexes, multiplexes, other): single-family, townhouses and apartments Ret,. 06/15/0/ 15. Proposed development features: 0 a. Minimum square footage of lot(s): 1. single-family detached, front loaded: 5,500 s.f. 2. single-family detached, alley loaded: 3,960 s.f. 3. single-family attached, alley loaded: 3,159 s.f. b. Minimum square footage of structure(s): 1. single-family detached, front loaded: 1,301 s.f. 2. single-family, alley loaded: 1,101 s.f. C. Are garages provided for? Yes. Square footage: Minimum 2 car garage, approximately 400 s.f. d. Has landscaping been provided for? Yes. Describe: All common lots will be landscaped A conceptual landscape plan is provided and is subject to further refinement at final plat. e. Are sprinkler systems provided for? Yes. f. Are there multiple units? Yes. g. Are there special set back requirements? Yes. Explain: See Narrative. h. Value range of property: $140,000 to $275,000 i. Type of financing for development: Conventional j. Were protective covenants submitted? Yes. Date: December 13, 2002 16. Does the proposal land lock other property? No. Does it create Enclaves? No. STATEMENTS OF COMPLIANCE 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat includes all appropriate easements. 6. Street names do not conflict with City grid system. 7. All items noted on the preliminary plat checklist have been completed. I have read the information contained herein and certify the information is true and correct and that this plat is in compliance with the above statements. Rev. 06 X151,0.7 • PARAMOUNT SUBDIVISION Preliminary Plat Paramount is a planned development located within Section 25, T4N, RI W, and bounded by Chinden, Meridian, McMillan, and Linder. The total site includes 392.17 acres. Paramount includes a variety of single-family residences, medium to higher density residential, public schools (elementary and high school), churches, retail & commercial uses, offices, public and private services, and recreation facilities. Paramount provides a diverse housing product mix, which is very desirable for this area of Meridian. 7. Features and Setbacks. As specified in the accompanying Planned Development / Conditional Use Permit application, the following features and setbacks shall apply to this project: Alley -loaded, detached Single Family Residential Dwellings: - Minimum Lot Size: 3,960 s.f. - Minimum square footage for dwellings is 1,101 square feet exclusive of garage - Lots 1 — 13, Block 30, Lots 1 — 12, Block 31, Lots 1 — 12, Block 36, and Lots 1 — 13, Block 37 - Setbacks, as measured from the property line: Front: 10 feet Rear: 15 feet Interior Side*: 5 feet Street Side: 10 feet * No additional setback per story Alley -loaded, attached Single Family Residential Dwellings: - Minimum Lot Size: 3,159 s.f. - Minimum square footage for dwellings is 1,101 square feet exclusive of garage - Up to four residences will be attached - Lots 1 —13, Block 32, Lots 1 —12, Block 33, Lots 1 —12, Block 34, and Lots 1 — 13, Block 35 - Setbacks, as measured from the property line: Front: 10 feet Rear: 15 feet Interior Side, Common Wall 0 feet Interior Side, Non Common Wall *: 5 feet Street Side: 10 feet * No additional setbackper story Preliminary Plat for Paramount A Planned Development Page I Standard Single Family Residential Dwellings: - Minimum Lot Size: 5,500 s.f. - Frontages vary from 50 feet to 85 feet - Minimum square footage for dwellings is 1,301 square feet exclusive of garage - All detailed standard single family residences as well as future single family residential phase identified as Lot 1, Block 43 - Setbacks, as measured from the property line: Front, Living Space: 15 feet Front, Face of Garage: 20 feet Rear: 15 feet Rear, if side entry garage: 5 feet Interior Side*: 5 feet Street Side: 15 feet * No additional setback per story Block Length. Paramount has five (5) blocks, which exceed the allowable block length. We ask that the block length be exceeded in the following locations: Block 1, Block 3, Block 7, Block 11, and Block 24. Proposed Development Features: a. Acres: 392.17 b. Number of building lots: 764 c. Number of other lots: 37 d. Gross density per acre: 2.62 units/acre e. Net density per acre: 3.22 units / acre f. Zoning District(s): Existing: RUT & RI Proposed: R8 R-40. L-0 and C -G g. Does the plat border a potential green belt or pathway? No h. Have recreational easements been provided for? No i. Are there proposed recreational amenities to the City? Yes a regional pathway from Meridian Road to Linder Road. j. Are there proposed dedications of common areas? Yes. To the Homeowners Association. For future parks? No. k. What school(s) service the area? E• River Valley, M• Lowell Scott-, and H: Eagle 1. Do you propose any agreements for future school sites? No. m. Are there any other proposed amenities to the City? No. n. Type of building (residential, commercial, industrial, office or combination): residential and commercial o. Type of dwelling(s) (single family, duplexes, multiplexes, other): single-family, townhouses and apartments p. Proposed development features: • Minimum square footage of lot(s): - single-family detached, front loaded: 5,500 s.f. - single-family detached, alley loaded: 3,960 s.f. - single-family attached, alley loaded: 3.159 s.f. Preliminary Plat for Paramount A Planned Development Page 2 0 • Minimum square footage of structure(s): - single-family detached, front loaded: 1,301 s.f. - single-family, alley loaded: 1,101 s.f. • Are garages provided for? Yes. Square footage: Minimum 2 car garage, approximately 400 s.f. • Has landscaping been provided for? Yes. Describe: All common lots will be landscaped. A conceptual landscape plan is provided, and is subject to further refinement at final plat. • Are sprinkler systems provided for? Yes. • Are there multiple units? Yes. • Are there special set back requirements? Yes. Explain: See Narrative. • Value range of property: $140,000 to $275,000 • Type of financing for development: Conventional • Were protective covenants submitted? Yes. Date: December 13, 2002 q. Does the proposal land lock other property? No. Does it create Enclaves? No. Sidewalks. Paramount will have 4 -foot, detached sidewalks. Non -Single Family Lots. A number of "other" lots are depicted on the preliminary plat that will have a specific use, as identified below: As part of the Planned Development, some of the non single-family uses will be allowed at recordation of final plat, whereas, other uses might require another preliminary, conditional use permit, or both. The allowed uses are the community center, elementary school, high school, LDS Stake Center, and LDS Seminary. However, all of these allowed uses will be required to submit for building permits. Preliminary Plat for Paramount A Planned Development Page 3 LAND USES Townhouses 73 units Lot 3, Block 40 Apartments 270 units Lot 1, Block 45 Community Center Clubhouse & Pool Lot 10, Block 16 Elementary School 10.5 Acres Lot 23, Block 22 High School 55 acres Lot 56, Block 3 Church — LDS Stake Center 6.9 acres Lot 3, Block 1 LDS Semi .93 acres Lot 1, Block 3 Village Mixed -Use Center: Linder Road 4.2 acres (FAR .30 = 54,886 s f) Lot 2, Block 1 Village Mixed -Use Center: Meridian Road 9.25 acres (FAR .30 = 120,879 sf Lot 2, Block 40 Community Mixed -Use Center: Meridian / McMillan 17.7 acres (FAR. 25 = 192, 753 s. Lot 2, Block 45 Community Mixed -Use Center: Linder / McMillan 19.2 acres (FAR .25 = 209,088 s.f.) Lot 57, Block 3 As part of the Planned Development, some of the non single-family uses will be allowed at recordation of final plat, whereas, other uses might require another preliminary, conditional use permit, or both. The allowed uses are the community center, elementary school, high school, LDS Stake Center, and LDS Seminary. However, all of these allowed uses will be required to submit for building permits. Preliminary Plat for Paramount A Planned Development Page 3 The townhouses, apartments, Village Mixed -Use Centers and Community Mixed -Use Centers will be subject to further review and analysis through the detailed planned development process. 12. Traffic Impact Study. A draft traffic impact study is provided, but is subject to further refinement. 13. Pre -Application Meeting. A pre -application meeting was held with Brad Hawkins -Clark, David McKinnon and Brad Watson on Tuesday, October 29, 2002, at 3:30 p.m. 14. Engineering Plans. Per the pre -application meeting, profiles are only submitted for the sewer line in Linder Road. 20. The Applicant will post the property one (1) week before the hearing stating that an application for a Preliminary Plat has been submitted to the City. iunt, LLC TDec. 13, JML !iminaryPlat for Paramount A Planned Development Page 4 i WARRANTY DEEDS FOR PARAMOUNT s0425336040 Hanks, Ron & Becky s0425233800 Kooyers, Sheridan s0425233875 Kooyers, Sheridan s0425325460 Meridian Joint School District No. 2 s0425110100 Paramount, LLC s0425120605 Paramount, LLC s0425141825 Paramount, LLC s0425141900 Paramount, LLC s0425233605 Paramount, LLC s0425233690 Paramount, LLC s0425233910 Paramount, LLC s0425325470 Paramount, LLC s0425336080 Paramount, LLC s0425131750 Wolf, Dwaine & Sharon s0425417200 Wolf, Dwaine & Sharon s0425427800 Wolf, Dwaine & Sharon 5120 N. Linder Road, Meridian, ID 83642 5940 N. Linder Road, Meridian, ID 83642 5940 N. Linder Road, Meridian, ID 83642 911 N. Meridian Road, Meridian, ID 83642 12426 W. Explorer Drive, Boise, ID 83713 12426 W. Explorer Drive, Boise, ID 83713 12426 W. Explorer Drive, Boise, ID 83713 12426 W. Explorer Drive, Boise, ID 83713 12426 W. Explorer Drive, Boise, ID 83713 12426 W. Explorer Drive, Boise, ID 83713 12426 W. Explorer Drive, Boise, ID 83713 12426 W. Explorer Drive, Boise, ID 83713 12426 W. Explorer Drive, Boise, ID 83713 4895 N. Meridian Road, Meridian, ID 83642 4895 N. Meridian Road, Meridian, ID 83642 4895 N. Meridian Road, Meridian, ID 83642 FILE No.446 12/11 '02 1723 ID: FAX: FRtit ti/ �� 14300()089 Citi* file No.: 1192-14279 WARRANTY DEED FMV"E F&Cfi ED 5941 WELTON and RAELEER WELIOM, husband and vita (ItYa1110101a). dove(de) Family GMANT. GAAGAIN. SELL and CONVEY unto NOMNLO 0. RAM09 and 0282CCA A. BANKS. husband and wife ORANUEl9L Mom Culloal edenes u'.. 5120 N• iJnder Road, 0eri4i4R, Idaho 83642 1010q sm described malsimparly In Ma County, Stale of Icahn. m lloveRduleny deacrbsel as foutema, to wil: Pett of the West half of the Southwest quarter of the Southwest quarter of tteatioR 25, Towsahlp 4 Worth, kange 1 West, Notes Meridian, Ade County, Idaho, IoM particularly described as follows: Cossawaclag at the Northwest corner of the Southwest quarter of the Southwbet ghIrter of said Section 25; and running East, along the North line thereof, LOS tests those*, South, And parallel With the West boundary, 120 feet; thence Wast, and patd'lel with the Worth bouadary, 106feetto the Nestefty baundary line at 9810 Southwest quarter of the Southwest quarter; thence North, alopq said West boundary line, .120 feet to the POINT OF NE0111574C. - EACSPr ditch and road rigtm-of-vay• TO HAVE AND TO HOLO the said orervwws9 with thW 1ppeoWMntei unto the said Glantaeaf, and iSn Chip a) hails antl aa9ipls braver And the said firamOrfi) dnae(db) 1104by Covenant to and with the said dsnlad{s), Meal OlRnloflfj Rami* IM bNnbf(S) in tee Simple of said pretrnaa6; that Said pfoliva" are tree him all anasllnranetl, EXCEPT aION Is which IMs corwevanow is eaprastly, rpbde sub)att ani time made. sull«ed a dons by Ns GithlOOt): and subset W naervatiows, rwsWlitWna. dedications. dasanrwns, rants at way and ,apraam sits, (It alyyt of record, and pinta: feeds and neeom nlS. prWlueinp inngalWn ars utility aaaeasmemi. it 00 for tM CurrMt yaer, which are net yet due and 0oraW and that Granulite) Wil MIUM and defend IM came hmnoMlowu clei m wholbeaw OINdJuly 7, 1992 . *tVe 1TATe Its ... 3dAbo..,,,..., tawny« .... ASA......., dst".... 0Tl ivwf...aft.t.............................. faM raw «,...199;helww was. we undwWRWe, a nnwy, hak N rw /air We $lath, perese ky 4"M" .,.uadcan. YsLtnn........................................ ...... ..................... ..I ............ .........,.._.._.. ...._...., .. .... wawaruw,I wn.Wt." rM .....ata-.... ruleararle to lee :, I-V" eiawaempeY r ,an oaf/. ...............: ,....................... settle, Joan aP7W < Ire �tnn....... ..... .. 9245471 NOISE TRIC N FSplbW AOt C' " ;7 I D FOR J. OAYiU N:, ..:RkO RECORDER 81�� M. 9 PI7 3 V I ♦Me R! ♦5 tY FA—I40e111. -7! Per Valim ImoCivd LU• ADA CWNTVREC DER J.0AVf0 HAVA Hast. IDAH9 2001 FE 22 PN 41 18 WART MY DEED rhA- 101015381 PIRSTAMERICM Donald C Corey end DorWry Corey, bualmnd and wife herchtahcr referred M u Grantor, doer hereby grain, bargain, roll, and Camey mto Sheridm C. Kooyers and PAenc A. xooyem, hueba"d and wife heminahor m and to as Ora tiv. whose current sciums is 7990 N. Linder Road, Maridi m, ID M42 the followinE described premima, ro�h: SEE EBHIAIT "A" ATTACHED HERETO AND HUE A PART THEREOr. To HAVE AND TO HOLD rhe mW Premrres, with their glmmmcaaeea unto the said Oracles, We heies and aislpns forever. And the mid Grantor doer herehy Cement m and with the sdd Gr come, that aromf is the ewer in fee simple of Wd procures; deet mid premiere are free from all eocumbrancae excel" current YAM tanto, levies, rod mmssnmma. and cwgt U.S. Parent reservations, restrictions, nu mew M record, end easemenp viaibm "Pon the prnmims, and th9 Orator WIN Warren and dermal the rate from all claims whatsoever. Damd! Febmary 12, mol, ons d C Corey Deroe fy Corey STATE Of IDAHO ) U. COUNTY OF Ade ) On This / 4day or Febmary. in the year 2001, be re re. a Notary Public PanoWlY APpwrod Donald C Corny aW Oonhy Corey. ImoWn or emi0ed to me w be d nam(a) are subscribed m the within Instrument. and wSpowledEd t me rba dmy lxmated, 9/0112992 First American IWO Company of Idaho rHUr: (I oc FILE No.446 12/11 '02 17:25 ID:_ FAX: F41�t r3/ �t EXHIBIT 11 PhMCEb I, 11 treat at land situated la the Nortbwest quarter Of section aS, Township 4 North, mango I Rost, Note* meridian, ads county, sdabo, Nose particularly described as follows, Moginniag at the West quarter Cerner Of said 000ties 25; thence North along tb* past lin" at Said station a distance Of 833.82 feet to the am Pat= OP BEGINNING; thence North along said Hast lint a distance of i9s.6o feet; thence North 89.28033" Mast, a distance of 447.00 feet; thence south a distance of 395.06 toot; thecae South 69.30123" West, a distance Of 447.00 toot to the mNBL POiNT 0P BMZNNING. PamCML ii, The North belt of the south half of the Northwest quarter in section 25, TOwaship 4 North, County, Idabe. mange i Wtst, Noise Nerldiaa, oda Excepting therefrom, Beginning at the Hast "art"r career of said section 25; these* North along the West "a" of 6eatiOn 35 for a diStaace at 1,024.43 toot to the mMAL POINT OP BEOXNNING; thoaa* Continuing North for a distance of 300.00 toot; thence North a9.38f33l@ 249t, ter 4 distaaa" of 726.00 feet; thane* Booth for a distance of 300.00 toot; thence 809th @9.2812141 West, for a distance of 736.00 feet to the RRU POINT OP BEGINNING. continued ril c IVV.YMo aciii vc i1 •co I • rHIL PWbt yi $d sCNSODLs A LRa" CONTINUED PURTMBR ssOSPTING TNSRBTROMI A parcel of lead in the North halt of the mouth half of the Northwest quarter of Section 25, Towaehip 4 North, Range i Nest, 301@0 Meridien, Ada county, Idaho, More paaticularly described as follewas Regisaiag at the last quarter corner Of 5914 Section 95, Township 4 North, Range i Nest, which is a i incb pipe on the oeaterliae of North Linder Road; thence North along the wnteriise of Linder Road, a distance of 3048.82 foot to the North i/lith corner on the Nest boundary of Section 13; thence North 89.3$'2&" Bast, a distance of 33.00 feet to a half inch iron pIU On the Bast �99>/*'21" sect along the oNor h l boundarf Linder y thence continuing the North Northbale of the Routh ball of the Northwest quarter of section 23, a distance of 493.00 fest to a half inch iron pin and the RUL POINT OF M MSIMM; thence continuing North 49.181,21" Bast along the North boundary of the North half of the South half of the Northwest quarter of section 23, a distance of 1,94440 fest to a point; thence south 0.1214741 Bast, along the oenterline of Rection 25, a 4letanco of 412.74 fest to a point; theacs South 09.36015" Oast, along the South boundary of the North hair at the south bell of the Northwest quarter of section 25, a distance of 19931.08 foot to a point; thence North a distance of 843.95 toot to the REab POINT O! BBOINNINR. MTM UCEPTINe TBBRRPRONs Any portion lying within Parcel I. FILE No.448 12/11 '02 17:25 ID: I -HX: watt IU/ 3e • ADA COUNTY RECORDER kV0) NAVARRO 2 IDNE IDAHO 12100102 04:E1 PAI DEPUTY ,Tusk 111"011 p II BllsOneO—AEOUEOTOF III I�II�II�II�III��I�I�II�III��III�II 11fU One AMOUNT 0.00 102147127 Order No.: A0210782 57- WARRANTY T WARRANTY DEED FOR VALUE RECEIVED, SHERIDAN C. KOOYERS and PREBE A. KOOYERS, husband and wife, the Grantors, do hereby grant, bargain sell and convey unto PARAMOUNT, LLC, an Idaho limited liability company whose current address is 12426 West Explorer Drive, Suite 220 Boise, ID 83713 the Grantee, the following described premises, to Ads County, Idaho, TO WIT: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF FOR DESCRIPTION TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grearors do hereby covenant to and with the said Gramm, that they are the owners in fee simple of ssid prentses, that they are free fram all encumbrances EXCEPT: Subject to all existing patent reservations, easements, right(s) of way, pmtecrivs covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility easements (if any) for the; cturent year, which are not due and payable, and that Grantors will warrant and defend the same from all lawful claims whatsoever. Rated: December, 2002 SHERIDAN C. XOOYERS State of Idaho } ss: County of Ade ) PHFB�YERS '.U/ On this Or Mday of December 2002, before me, the undersigned a Notary Public in and for said state personally appeared Sheridan C. Kooyers and Phebe A. Kooyers known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNE EREOF I have set my hand and official raAf+ date shown above. IRAN Not ublic t3oTAR Residing at: * r CommissionExpires: 'btj ftp OF FILE No.448 12/11 '02 1726 ID: • Order No.: A028689 I -HA; DA COUNTY RECORDER ) 0010 t14VARRO 2007 JL 15 PM 4' 24 WARRANTY DEED rHUC iCl x Ll RECORDED -REQUEST '�K FEE_ (ZDEPUTIA**1__ 102019363 'nnEONE FOR VALUE RECEIVED, PARAMOUNT LLC, on Idaho limited liability company the Grantor, does hereby grant, bargain sell and convey unto JOINT SCHOOL. DISTRICT NO, 2. an Idaho school district whose current address is 911 N. Meridian Road, Meridian, ID 83642, the Grantee, the following described premises, in ADA County, Idaho, TO WIT: A parcel of land being a portion of the North Half of the Southwest Quarter of Section 25, Township 4 North, Range I West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southwest comer of Section 25, Township 4 North, Range I West, Boise Meridian; thence North 0°25'24" East 1318.84 feet along the West line of said Section 25 to a point; thence South 89°25'33" East 500.00 feet along the South line of the North Half of the Southwest Quarter of said Section 25 to the REAL POINT OF BEGINNING; thence continuing along said South line South 89°25'33" East 1435.14 feet to a point; thence Notch 0134'27" East 1319.73 feet to a point on the North line of the Southwest Quarter of said Section 25; thence North 89027'08" West 1764.68 feet along said North I ine to a point; thence South 0° 13'37" East 171.11 feet to a point; thence South 89'44'07" West 150.88 feet to a point on the Easterly right of way line of Linder Read; thence South 0°25'24" West 933.61 feet along said Easterly right of way line to a point, thence South 89625'33" East 475.00 feet to a point; thence South 002524" West 212.00 feet to the REAL POINT OF BEGINNING. TO HAVE AND TO HOLT) the said premises, with their appunenances unto the said Grantee, heirs and assigns forever. And this said Grantor dress hereby covenant to and with the said Grantee, that it is the ows" le fee simple of said prmnises; that they are free from all encumbrances EXCEPT; Thou to which this conveyance is expressly made subject and those made, seffered or done by the Grantee; and subject to existing patent rceervatirme, msencsions, protective covenant, dadictslons, casements, rights of way and agrawnenrs, (if any) of record, existing acting ordinances and applicable building codes, laws, and Cental taxes and assessments (Including irrigation end utility assessments, if any) for the current year, which aro not yet due and payable, and that Grantor will warranty and defend the same from all lawful claims whalsoever. FILE No.448 12/11 '02 17:26 ID: FAX: PAGE 13i 32 • 0 — Dated: July�2002 PARAMOUNT LLC, an Idaho limited liability company By: Bn'gh!pn Corporation, Member By:!(/S bavid W. Turnbull, President STATE OF IDAHO ) ) as. County of Ada ) On this�_ day of July 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared David W. Turnbull known or identified to me to be the President of the corporation that executed the within instrument, said corporation known to me to be a member of the limited liability company that executed the instrument, and acknowledged to me that he executed the same for and on behalf of said corporation and that such corporation executed it 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 in t"rtificate first above written. MTART P C for Id 0, Residing at: My Commission xpirea.OL CF LD��,• FILE No.449 12/11 '02 17:26 ID: FAR: PAGE 11/ 32 EXHD3TT A A parcel of land located in the North Half of the South Half of the Northwest Quarter of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Quarter Section corner common to Sections 25 and 26 of said Township 4 North, Range I West; thence North 00055113" Fast 1328.83 feet on the Section line common to said Sections 25 and 26, to the North 1/1 6th Section comer common to said Sections 25 and 26• thence South 8902427" East 726.00 feet on the Northerly boundary litre of the South Half of the Northwest Quarter of said Section 25, to the Northeast comer of that parcel of land described in Deed Instrument Number 8934541, of Ada County Records; thence leaving said Northerly boundary line South 00"55'I3" West 300.00 feet on a line whichis parallel with the Section line common to said Sections 25 and 26, to the Southeast corner of said parcel described in Instrument Number 9934541, said point being the REAL POINT OF BEGINNING; thence continuing South 00955'13" West 364.15 an a line which is parallel with said Section line common to Sections 25 and 26,16 a point on the Southerly boundary line of said North Half of the South Half of the Northwest Quarter; thence North 89025153" West 325.00 feet on the Southerly boundary line of said North Half of the South Half of the Northwest Quarter; thence North 00°55113" East 364.27 feet on a line, which is parallel with the Section line common to said Sections 25 and 26, to a point on the Southerly boundary line of said parcel described in Instrument Number 8934541; thence South 89024'37" East 325.00 feet on the Southerly boundary line of said Instrument Number 8934541 Parcel, which line is parallel with the Northerly boundary line of said South Half of the Northwest Quarter, to the REAL POINT OF HEGDMNG. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL Commencing at the Quarter Section corner common to Sections 25 and 26 of said Township 4 North, Range I West; then North 00055'13" East 1028.83 feet (formerly described as North 1028.82 feet) on the Section line common to said Sections 25 and 26; thence South 89°24'37" East 447.00 feet (formerly described as North 89°38'21" East) on the southerly boundary line of that parcel of land described in Deed Instrument Number 8934541, of Ade County Records, to the Northeast comer of that parcel of land described as Parcel I in Deed Instrument Number 101015387, of Ada County Records, said point being the REAL POINT OF BEGINNING; thence South OD'55'13" West 195.00 feet (formerly described as South) on the easterly boundary of said Parcel 1, to the Southeast corner of said Parcel I; thence North 89024'37" West 46.00 feet (formerly described as South 89°38'21" West) on the southerly boundary line of said Parcel I; thence North 0005513" East 195.00 feet to a point on the southerly boundary line of said Parcel described in lnstrumant Number 8934541; thence South 89°24'37" East 46.00 feet (formerly described as North 89°38'21" East) on the southerly boundary line of said hmtrume t Number 8934541 Parcel, to the REAL. POINT OF BEGINNING. FILE No.448 12/11 'U2 1'(:2'I IV: T`'(1-66(78 Ks wo *4B 1 -Hr,: vHut 14/ SG • RECORDED - REQUEST ,OOFF FEE-1L.DEPUT 102046536 YRANSNA710N FOR VALUE RECEIVED, Parkland Development, LLC, an Idaho limited liability company, whose address is P.O. Box 344, Meridien, ID 836110, the Grantor, hereby grants, bargains, sells and conveys unto Paramount LLC, an Idaho limited liability company, whose address is P.O. Bwr 344, Meridian, ID 63680, the Grantee, the following described real property located in Ada County, Idaho, to wit: See Attached Exhibit A hereinafter referred to as the "Premises." TO HAVE AND TO HOLD the Premises with its appurtenances unto the Grantee, Grantee's successors and assigns forever, subject to (i) all encumbrances of record; (n) that certain Promissory Note dated May 22, 2000 by and between Keltic Partners, LLC and Washington Trust Bank; and (iii) that certain Promissory Note dated June 2, 2000 by and between Kehic Partners, LLC and LandAmerica Exchange Company. Grantee hereby indemnities Grantor from any and all claims for payments under the aforementioned Promissory Notes, IN WITNEIS WHEREOF, the Grantors have caused their name to be hereunto subscribed this day of April 2002. ParklandDeveto =ntr LLC, an Idaho liability company By: gory Ma ng Membe Grant Deed Paritiend•Pararnowd S:e:1anv=31*0Mnt Deed PerNam.pammoum.Doc AOA C' JOTY RECORDER J, VIINAVARRO When Recorded msu To: ngl�t.l^.51'0 ���PoNe'y.'LLP 20E2 AP 22 PM 4; 18 277 Furth 8" Street, Suite 200 Solse, ID 89702 T`'(1-66(78 Ks wo *4B 1 -Hr,: vHut 14/ SG • RECORDED - REQUEST ,OOFF FEE-1L.DEPUT 102046536 YRANSNA710N FOR VALUE RECEIVED, Parkland Development, LLC, an Idaho limited liability company, whose address is P.O. Box 344, Meridien, ID 836110, the Grantor, hereby grants, bargains, sells and conveys unto Paramount LLC, an Idaho limited liability company, whose address is P.O. Bwr 344, Meridian, ID 63680, the Grantee, the following described real property located in Ada County, Idaho, to wit: See Attached Exhibit A hereinafter referred to as the "Premises." TO HAVE AND TO HOLD the Premises with its appurtenances unto the Grantee, Grantee's successors and assigns forever, subject to (i) all encumbrances of record; (n) that certain Promissory Note dated May 22, 2000 by and between Keltic Partners, LLC and Washington Trust Bank; and (iii) that certain Promissory Note dated June 2, 2000 by and between Kehic Partners, LLC and LandAmerica Exchange Company. Grantee hereby indemnities Grantor from any and all claims for payments under the aforementioned Promissory Notes, IN WITNEIS WHEREOF, the Grantors have caused their name to be hereunto subscribed this day of April 2002. ParklandDeveto =ntr LLC, an Idaho liability company By: gory Ma ng Membe Grant Deed Paritiend•Pararnowd S:e:1anv=31*0Mnt Deed PerNam.pammoum.Doc FILE No.448 12/11 '02 17:27 ID: 0 • VHUt 15/ sC State of Idaho ) ss. County of Ada �`{) On this P ' day of April, In the year of 2002, before me, a Notary Public in and for said State, personally appeared Gregory B, Johnson, known or identified to me to be the Managing Member of Parkland Development, LLC, a limited liability company, the managing member who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that such corporation executed the some in st)td limited liapility comparw name. 'd'�, Notary Public for Idah -q �,o t 1+'Y M i Residing at r�17 HiQ �• ,� My Commission expires re Grard Dead Paftnd-ParamoM S:1Cfl"S WI%31Gram Oeaa Parkland -Pare W WOC FILE No.448 12/11 '02 1727 ID: FAX: PAGE 16/ 32 9 0 EXHIBIT "A" PARCEL H A parcel of land lying in the Northeast quarter of the Northeast quarter of Section 25, Township 4 North, Range 1 West, of the Boise Meridian, Ada County, Idaho, more particularly described as follows; Commencing at the Northeast corner of section 25, Township 4 North, Range 1 West, of the Boise Meridian; thence South 00024152" West 540.00 feet along the East line of the Northeast quarter of the Northeast quarter of said Section 25 (also the centerline of Meridian Road) to the REAL POINT OF BEGINNING of this description; thence continuing South 00024152" West 657.37 feet along the East line of said Northeast quarter of the Northeast quarter (also said centerline) to a point on the centerline of the North Slough Drain; thence . North 70°07130" West 345.83 feet along the centerline of the North Slough Drain to a point; thence South 00023151" West 248.12 feet to a point on the South line of said Northeast quarter of the Northeast quarter; thence North 89032134" West 1,010.05 feet along the South line of said Northeast quarter of the Northeast quarter to the Southwest corner of said Northeast quarter of the Northeast quarter; thence North 00028126" East 1,288.66 feet along the West line of said Northeast quarter of the Northeast quarter to a point on the Southerly right-of-way of Chinden Boulevard; thence South 89037115" East 463.50 feet along said Southerly right-of-way to a point; thence South 00024'52" West 500.00 feet to a point; thence South 89037115" East 871.20 feet to the REAL POINT OF BEGINNING. EXCEPT ditch and road rights-of-way. PARCEL C A parcel of land being a portion of the Northeast quarter of Section 25, Township 4 North, Range 1 West of the Boise Meridian, Ada county, Idaho, shown as Parcel 2 on Record of Survey No. 4899, recorded February 25, 2000 as Instrument No. 100014006, and more particularly described as follows: Commencing at a 5/8" iron pin marking the North 1/4 corner of Section 25, Township 4 North, Range 1 West, of the Boise Meridian, Ada County, Idaho; thence South 00032'01" West along the North-South center section line, 623.92 feet to a set 5/8" iron pin "Koerner" PLS 8251 on the center line of the North Slough Drain, said iron pin being the REAL POINT OF BEGINNING; thence leaving said center section line South 86016113" East along the center line of said drain, 367,17 feet to a set 5/811 iron pin "Koerner" PLS 8251; thence leaving said drain center line North 00932'01" East, 605.38 feet to set 5/8" iron pin "Koerner" PLS 8251 on the Southerly right-of-way of Chinden Boulevard (U.S. Highway 20/26) as shown on highway plans F.A.S. 161-D-(1) on file with the Idaho Transportation Department; thence South 89037.15" East along said Southerly right-of-way, 968.10 feet to a set 5/811 iron pin "Koerner" PLS 8251; said pin also being on the Easterly boundary of the Northwest 1/4 of the Northeast 1/4 of said Section 25; thence FILE No.448 12/11 '02 1727 1D: 0 FAX: 1] PAGE 17/ 32 South 00028126" West along said Easterly boundary, 1,288.66 feet to a set 5/8" iron pin marking the Northeast 1/16 corner of said Section 25; thence leaving said Easterly boundary South 89032'39" East along the Southerly boundary of the North half of said Section 25, 1,010.05 feet to a set 5/811 iron pin "Koerner" PLS 8251. Said pin bears North 89932134" West, 325.99 feet from the North 1/16 corner of said Section 25; thence leaving said Southerly boundary South 00023151" West (shown of record to be South 00015100" East) along a fence line 446.95 feet to a set 5/8" iron pin "Koerner" PLS 8251; thence North 89035108" West, 94.14 feet to a set 5/8" iron pin "Koerner" PLS 8251; thence North 78026'54" West (shown as record to be feet) along a fence line, 962.67 feet to a "Koerner" PLS 8251 cap; thence South 00002159" East (shown of record to be feet) along a fence line, 334.37 feet to a "Koerner" PLS 8251 cap; thence North 70049136" West (shown of record to be fence line, 521.06 feet to a found iron pin thence North 79000'00" West, 963.80 found 1/2" iron pin, set South 00°15"00" East, 335.00 found 1/2" iron pin; set North 710131001, West) along a set "Koerner" PLS 8251 cap; North 89020.08" West (shown of record to be West, 823.68 feet) along a fence line, 817.99 feet to a set 5/8" iron pin "Koerner" PLS 8251 on the North-South center section line of said Section 25; thence leaving said fence line North 00032101" East along said center section line, 1,128.18 feet to the REAL POINT OF BEGINNING. EXCEPT ditch and road rights-of-way. ripe 140.v40 itiii Ue II;4 s w; i '04 COUNTY RECORDER DAVID YARRo -, ,"r. 20020C 16 AH 11; 50 Order No.: A029670 St /Kf FHA: WARRANTY DEED PRUE 18/ 32 CJ RECORDES-REQUEST OF . FE£_ Z__DEPUTY yL 102119194 TITLEONE FOR VALUE RECEIVED, DWAINE G. WOLF AND SHARON M. WOLF, husband and wife; MAX C. BLACK and CLYDENE S. BLACK, as Trustees for the Max and Clydeno Black Living Trust; DUANE S. PERKINS and ANNA C. PERKINS, as Co - Trustees under Trust Agreement of Duane S. Perkins and Anna C. Perkins, dated February 15, IM, the Grantors, do hereby grant, bargain sell and convey unto PARAMOUNT LLC whose current address is 12426 W. Explorer Drive #220, Boise, W 83713, the Grantee, the following described premises, in Ada County, Idaho, TO WIT: A parcel of land being a portion of the South Half of the Northeast Quarter of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Quarter Section comer common to said Section 25, Township 4 North, Range 1 West and Section 30, Township 4 Notch, Range 1 Hast, Boise Meridian (from which the Northeast comer of said Section 25 bears North 00"25'09" East 266).10 feet distant); thence North 89027128" West 1132.94 feet (formerly described as North 8905712" West) on the East-West mid-section line of said Section 25, to the Southwest comer of that parcel of land described as "also except" in Quitclaim Deed Instrument Number 7913622, recorded on Match 13; 1979, Ada County Records, said point being the REAL POINT OF BEGINNING; thence continuing North 8902728" West 312.00 feet (formerly described as North 89057'22" West) on said East-West mid-section line, to the Southwest corner of that parcel of land described as "and also except" in said Quitclaim Deed; thence North 0001132" East 761.69 feet (formerly described as North 0118'22" West 755.75 feet) to the Northwest corner of said parcel described as "and also except", said point being on the Southerly boundary line of that parcel of land as described as "Parcel C". Grant Deed Instrument Number 102046535, of Ada County, Records; thence South 70°42'02" East 330.19 feet (formerly described as South 71023109" East 329.81 feet), a portion of said line being on the Southerly boundary line of said "Parcel C", to the Northwest corner of that parcel described as "also except" in said Quitclaim Deed; thence FILE Ido.448 12/11 '02 17:28 ID: i FAX: South 00°11'32" West 655.51 feet (formerly described as South 0"18'22" East 650.71 feet) on the Westerly boundary line of said "also except" parcel to the REAL POINT OF BEGTNNfNG. TO HAVE AND TO HOLD the said premises, with their appu(tenaoces unto the said Grantee, heirs and assigns forever. And Cha said Grantors do hereby covenant to and will) the said Grantee, that Ihey are the owners in fee simple of sold premises; that they are free from all encumbrances EXCEPT: Sublcet to all existing patent reservations, easements, right(s) of way, protective covenants, Zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility easements (if any) for the Current year, which are not Our, and payable, and that Grantors will warrant and defend the same from all lawful claims whatsoever. Dated: 10/08/0? Dwaine G. Wolf Sharon M. Wolf MAIC AND CLYDENE 4LAQK LIVING TRUST 0 TRUST AGREM9 NT OF DUANE S. PERKNS AND ANNA C. PERKINS, dated FebT, 1485 By: Du a S. Peridns, ru e By: C, a C. Perkins, Trustee State of Idaho ) ss: County of Ada ) On the Ilf "y of October 2002, before me, the undersigned, a Notary Public personally appeared Dwaine G . Wolf and Sharon x. Wolf known to me or proven to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within msu3Wnt and acknowledged to me that they executed the same. Y.N1r4,�„ Notary Public T fry Residing At: /ti ,O r rw-- E * r ► My Commission Expires /4f0�U9L e, 0 Pu L� J' 3 PHUL 1`.1/ se FILE No.448 12/11 '02 1728 1D: FAH: State of Idaho ) } ss: County of Ada ) On this Ar A' day of October 2002 before me, the undersigned, a Notary Public in and for said State, personally appeared Max C. Black and Clydene S. Black known or identified to me to be, the person whose name is subscribed to the within instrument, as Trustee of MAX AND CLYD;ENE BLACK LIVING TRUST and acknowledged to me that they execu o same as Trustee and that such Trust executed it. No(aryPv6lic tiaY Residing at �� g�. t r Commission Expiresti` .0. State of Idaho } as: County of Ada ) PA[k LV/ 3? On this f'day of October 2002 before me, the undersigned, a Notary Public in and for said State, personally appeared Duane S. Perkins and Anna C. Perkins known or identified to me to be the person whose name is subscribed to the within instrument, as Trustee of TRUST AGREEMENT OF DUANE S. PERKINS AND ANNA C. PERKINS, dated February 15, 1985 and acknowledged to me that they executed the same as Trustee a e such Trust executed it. s Notary Nblic +o dot art Yk1 * `'•. Residing at 61 Ae�. Commission Expires o e PL'^ hlLL No.44b 12/11 "UL 17:2y IV: 0 When NNOMee NNI Ta lyrlthie MWEo, Esq. CIO ftma Pursky, LLP 277 NOM d° Street Suns 200 6dit.ID 83702 FAX: • RECORDED • REQUEST OF ADA COUNTY RECORDER e J, DAVID NAVARRO gol�F.In,+;o FEE• DEFUTY�7 WA?23 PM 2136 102046957 PIONEER TITLE PRGE 21/ 32 FOR VALUE RECEIVED, Parkland Development, LLC, an Idaho limited liability company, whose address is P.O. Box 344, Meridian, Idaho, 83880, the Grantor, hereby grants, bargains, sells and conveys unto Paramount LLC, an Idaho limited liability compamr whose address is 12428 W. Explorer Drive, Suite 220, Boise, Idaho 83713, the Grantee, the following described real property located in Ada County, Idaho. to wt: See Attached EXIIIW 9 hereinafter referred to as the "Premises." HAVE AND TO HOLD the mises with lts Grantees uecassom and assigns forever, subject to () all encumbrances aof record s unto and (I) that certain Promissory Note dated Mardi of 2000 by and between Parkland Development, LLC and Dwaine G. Woff and Sharon M. Wolf. Grantee hereby indemnifies Grantor from any and all claims for payments under the aforementioned Promissory Now. IN WiTNE%5 WHEREOF, the Grantors have caused their name to be hereunto subscribed this ay of April 2002. Parkland Development LLC, an Idaho I griled liability comps BY. 9c an, Waging Member GMM Dead Woll•Paraniml 8!060b1B2310eMnt DaW C" PrOP&MI) Park0r04'en n6LKDOC FILE No.448 12/11 '02 1729 ID: • State of Idaho FAH: PAGE 22/ 32 • ) as. County of Ada ) On this L day of April, in the year of 2002, before me, a Notary Public in and for said State, personally appeared Gregory B. Johnson, known or identified to me to be the Managing Member of Parkland Development, LLC, and acknowledged to me that such limited liability company executed the same. TB Grant Deed Wont-Pammw" S:1CWnWst" Mt DWO(Wall PMPMY) Pad+1on4PardW"LD0C 61 PX f ARY i .4p Lgfl Notary Public for Idaho * �V Residing at diblyo. My CDmmissio Ires: TB Grant Deed Wont-Pammw" S:1CWnWst" Mt DWO(Wall PMPMY) Pad+1on4PardW"LD0C FILE No.448 12/11 '02 1729 1D: 0 P FILE NO.: P169316 EXHIBIT A PARCEL "A' A PARCEL OF LAND IN THE NORTH ONE-HALF OF THE NORTHWEST ONE-OUARTER OF SECTION 25, TOWNSHIP MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY FAX: E SOUTH ONE-HALF OF THE 4 NORTH, RANGE 1 WEST, BOISE DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, WHICH IS A ONE -INCH IRON PIPE ON THE CENTERLINE OF NORTH LINDER ROAD; THENCE NORTH ALONG THE CENTERLINE OF LINDER ROAD A DISTANCE OF 1,328.82 FEET TO THE NORTH ONE -SIXTEENTH CORNER ON THE WEST BOUNDARY OF SECTION 25; THENCE NORTH 89 DEGREES 36'21" EAST A DISTANCE OF 33.00 FEET TO A ONE-HALF INCH IRON PIN ON THE EAST BOUNDARY OF LINDER ROAD; THENCE CONTINUING NORTH 89 DEGREES 38'21' EAST ALONG THE NORTH BOUNDARY OF THE NORTH ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-OUARTER OF SECTION 25 A DISTANCE OF 693.00 FEET TO A ONE-HALF INCH IRON PIN AND THE REAL POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 38'21' EAST ALONG THE NORTH BOUNDARY OF THE NORTH ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 25 A DISTANCE OF 1,948.98 FEET TO A POINT; THENCE SOUTH 0 DEGREE 13'57' EAST ALONG THE CENTEALINE OF SECTION 25 A DISTANCE OF 662.74 FEET TO A POINT; THENCE SOUTH 89 DEGREES 36'15" WEST ALONG THE SOUTH BOUNDARY OF THE NORTH ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 25 A DISTANCE OF 1,951.68 FEET TO A POINT; THENCE NORTH A DISTANCE OF 663.85 FEET TO THE REAL POINT OF BEGINNING. TOGETHER WITH AN EASEMENT ALONG THE SOUTH 30 FEET OF THE FOLLOWING DESCRIBED PROPERTY: A PARCEL OF LAND IN THE NORTH ONE-HALF OF THE SOUTH ONE-HALF Of THE NORTHWEST ONE-QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, WHICH IS A. ONE -INCH IRON PIPE ON THE CENTERLINE OF NORTH LINDER ROAD; THENCE NORTH ALONG THE CENTERLINE OF LINDER ROAD A DISTANCE OF 1,026.82 FEET TO A POINT; THENCE NORTH 89 DEGREES 38'21' EAST A DISTANCE OF 33.00 FEET TD A POINT ON THE EAST BOUNDARY OF LINDER ROAD; THENCE CONTINUING NORTH 89 DEGREES 38'21' EAST A DISTANCE OF 477.00 FEET TO A ONE-HALF INCH IRON PIN AND THE REAL POINT OF BEGINNING; THENCE CONTINUING NORTH 69 DEGREES 38'21' EAST A 0187ANCE OF 215.00 FEET TO A POINT; THENCE SOUTH A DISTANCE OF 363.95 FEET TO A POINT ON THE SOUTH BOUNDARY OF THE NORTH ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 25; THENCE SOUTH 89 DEGREES 36'15' WEST ALONG THE SOUTH BOUNDARY OF THE NORTH ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 26 A DISTANCE OF 693.00 FEET TO A POINT ON THE EAST BOUNDARY OF LINDER ROAD; THENCE NORTH ALONG THE EAST BOUNDARY OF LINDER ROAD A DISTANCE OF 169.37 FEET TO A POINT; THENCE NORTH 89 DEGREES 38'21' EAST A DISTANCE OF 477.00 FEET TO A POINT; THENCE NORTH A DISTANCE OF 195.00 FEET TO THE REAL POINT OF BEGINNING. LEGAL CONTINUED PAGE 23/ 32 FILE No.446 12/11 '02 17:29 ID: FAX: PAGE 24i 32 FILE NO.: P189316 PARCEL "B" THAT PART OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 25; THENCE EASTERLY ALONG THE SOUTH BOUNDARY OF SAID SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 25, A DISTANCE OF 198 FEET TO A POINT, THE REAL POINT OF BEGINNING; THENCE NORTH PARALLEL TO THE WEST BOUNDARY OF SAID SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 25 A DISTANCE OF 580 FEET; THENCE WEST PARALLEL WITH THE SOUTH BOUNDARY OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 25, A DISTANCE OF 198 FEET TO A POINT; THENCE NORTH ALONG THE WEST BOUNDARY OF SAID SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 26, A DISTANCE OF 80 FEET TO THE NORTHWEST CORNER OF SAID SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 26; THENCE EASTERLY TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 25; THENCE SOUTHERLY TO THE SOUTHEAST CORNER OF SAID SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 25; THENCE WESTERLY ALONG THE SOUTHERN BOUNDARY OF SAID SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 25, TO THE POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN LINOER ROAD RIGHT-OF-WAY. ENO OF LEGAL DESCRIPTION FILE No.448 12/11 '02 17:30 ID: FAH: 0 Order No.: A028686 3710" ADA COUNTY RECORDER i. DAVID NAVARRO pr.ic:, t(1Gttit 2002 AU 29 P11 4: 18 WARRANTY DEED RECORDED -REQUEST OF FEE_ D PUT�4 02098507 Tme oive FOR VALUE RECEIVED, DIANE L. RICHTER, a single person, the Grantor, does hereby grant, bargoin sell and convey unto PARAMOUNT LLC, an Idaho limited liability company whose current address is 12426 Explorer Drive Suite 220, Boise, ID 83713, the Grantee, the following described premises, in ADA County, Idaho, TO WIT: That part of the South Half of the South Half of the Northwest Quarter of Section 25, Township 4 North, Range 1 West, Boise Meridian, described as follow, to -wit: Commencing at the Southwest comer of the said South Half of the South Half of the Northwest Quarter of Section 25; thence Easterly along the South boundary of said South Half of the South Half of the Northwest Quarter of Section 25,198 feet to a point; thence North parallel to the West boundary of said South Half of the South Half of the Northwest Quarter of Section 25, a distance of 580 feet; thence West parallel with the South boundary of the South Half of the South Half of the Northwest Quarter of Section 25, a distance of 198 feel to a point; thence South along the West boundary of said South Half of the South Half of the Northwest Quarter of Section 25, a distance of 580 feet to the POINT OF BEGINNING, TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns fortvar. And the said Grantor does hereby covenant to and with the said Grantee, that she is the owner in fee simple of said promises; that they are free from all encumbrances EXCEPT: Subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assesements, including irrigation and utility easements (il' any) for the current year, which are not due and payable, and that Grantor will worrum and defend the some from all lawful claims whatsoever. Dated: August..,W_, 2002 FILE No.448 12/11 '02 17:30 Il FAX: • PAGE 26/ 32 State of Idaho ) ss: County of Ada ) On this � Gay of August 2002, before me, the undersigned a Notary Public in and for said state personally appeared Diane L. Richter brown to me of proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to -me that she executed the same. IN W.rMSS/k]{E EOF 1 have set my hand and official seal on the date shown above. Redd!"b at: 16 C, `�wR,iN,��°Pjy Commission Expires: y �oraq� FILE No.448 12/11 '02 1731 ID: • When Rmrded Mall To: Cynthia MsIllb, Esq. CID 06ons Putslsy, LLP 277 North 8r' Streel, sura 200 aolse. ID 83702 *4XW1 AOA COUNTY RECORDER J.OAVID NAVARRO ,p0'r'.111.9 1192MY20 Amin: 52 ff.a7A PAGE 30/ 32 • RECORDEO-REOUEST OF FEEt�DEPUT'f�� 102051181 PIONEER FOR VALUE RECEIVED, Brighton Corporation an Idaho corporation, whose address is 12428 W. Explorer Drive, Suite 220, Boise, Idaho 83713, organized and existing under the laws of the state of Idaho, the Grantor, hereby grants, bargains, sella and conveys unto Paramount LLC, an Idaho limited liability company, whose address is 12426 W. Explorer Drive, Suite 220, Boise, Idaho 83713, the Grantee, the following described real property located In Ada County, Idaho, to wit: See Attached Exhibit A hereinafter referred to as the "Premises." TO HAVE AND TO HOLD the Premises with Its appurtenances unto the Grantee, Grantee's successors and assigns forever, subject to all encumbrances of record. IN WITNESS WH!FRJEOF. the Grantor has caused Grantor's corporate name to be hereunto subscribed this Wday of April 2002, Brighton Corporation, an Idaho corporation BY:David W. Turnbull, President Grant Deed Brighton -Paramount S:tgbM %6Z11%MGrant Deed erigtaan•Paramount.Doe FILE No.448 12/11 '02 1731 ID: FAX: PAGE 31/ 32 0 • State of Idaho ) as. County of ) On this A�ay of April, in the year of 2002, before me, a Notary Public in and for said State, personally appeared David W. Turnbull, known or Identified to me to be the President of Brighton Corporation, the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation. executed the same. OF Granl deed Br"I mParamount 6:IlA&ntsu3 80S%Grm1 Deed 06OWn-paramoUM00C V t►Fc,OId 3& - Notary Public I�ho Residing at 3@ My Commission expires FILE No.448 12/11 '02 1731 1D: • EXMB1T A FAX: 0 PAa 32/ $2 A parcel of land being o portion of the Southwest quarter of Seetion 25, Township 4 North, Range 1 west, Boise Meridian, Ade County, Idaho, mora particularly desonlied as follows: Cornazeaoing at the Southwest corner of Section 25 Township 4 North. Ra up 1 West, Boise Meridian, Thane North 0 degrees 25'24" East 25.00 foci along the West line of said Section 25 to a point on the Northerly right-of-way extended ofMoMi hu Road; Thence South 89 deptnee 2317" Rest 25.00 feet along said Northerly right-of-way to the intersection with the Easterly ripht-of-way of Larder Road, the real point of beoning of this description; Thence: North 0 degrees 25'24" East 973.85 feet along said Easterly right-of-way to a, point; Thence South 89 dogreas 25'33" East 155.00 feat to a point; Thence Notch 0 degrees 25'24" But 320.00 feet to a point on the North line of the Southwest quarter of the S oudwcet quarter of said Section 25; Thence South 89 degrees 25'33" East 320.00 feet along said Nardi litre to a point; Thence North 0 degrees 25'24" East 21:.00 feat to it point; ntenco North B9 dogreas 25'33" West 475.00 teat to a point on the Easterly tight -of --way of Linder Road; Thence North 0 degrees 25'24" East 933.61 feet along said Easterly right -of --way to a point; :hence North 89 degrees 44'07' East 150,88 feet to tpoink Thence North 0 degrees 13'37" W eat 171.11 feet to 4 point on the North line of the SoltthwosT qu=utei of e aid Section 25; '!'histo South 89 degrees 27'09' East 2513.34 foot to the'Notthesat coater of said Southwest quarter; Thence South 0 degroes 3211" Wcat 1320.08 feet ro the Southeast corner of the North half of said Southwest quarter; Thenot.1 Torth 89 de_emes 25'33" West 3013.4-1 feet along the South line of said of said Notch quarter to du:14ortheast comer otHtt West half of the Southwast quaraer of the Southwest of said Section 23; '1her.ca South 0 degrees 27'11 " West 1294,15 foci along the &Int line of said West balf of the Southwest quarter to apoint on the Northerly right -of' -way of McMillan 1kned; Tknee Nath 89 degrees 23'37" West 645.47 feet along said Northerly right-ofway tc. the real point of Bcai,rnmg af'this description. 11 nTcl,nlaa:;iieEn �9 hall WITNESSETH That the said parties 'Ten and'�iio/100------------- • p ;: To Treasurer..' F second part. of the first part, for. and in consideration of the lawful money of the United States of America, to them in hand paid by the said parties: the second part, the receipt whereof is hereby acknowledged, do by these presents remise, release and forever QUITCLAIM, unto the said parties of the second part, and to their heirs and. - =signs all of that certain lot , piece or parml of land, situate, lying and being 'in County of Ada . State of Idaho, hounded and particularly - described as follows, to -wit: i . s s See Exhibit "A" attached hereto. r 0 A 0 n 1 . 45"#m 6'onh.. nal£ 9,i the Northeast Quarter of Section 25, �x- y�i'?r 3�`ange .1 iCt Boise Meridian, in Ada County, Idaho, x '�t.•aaalLdw�b'r ';� ,g�3Che last Quarter corner of said Section 25; thence al.pno the center Of the Highway 4.08 chains; thence 'Fest 29.72 chains; thence West 12.48 chains to an iron pin on. ir'.est•-i»undary line of said Southhalf of the Northeast Quarter; thence `:•SCuth d1onc the West line to the Southwest corner of said South half of tim Northeast Quarter; thence East along the South boundary line of said South half of the Northeast Quarter to the place of beginning. 4:1. ? .Thai POMion of the South half of the Northeast Quarter of Section 25, 'lacanship 4 North, ranee 1 West, Boise Meridian, in Ada County, Idaho, -describad as follows: Beginning at the East Nbrter corner of Section 25, thence North 0°18122" West 66.00 feet to a point, the real point of beginning; u:onee North 89°57'22" West 329.10 feet; thence North 0"18422" ::est 320.09 feet; thence. South 71"23'04" East 347.E4 feet; thence - South 0^18'22" Fast 209.30 feet to the real point of bPoinning. RLSO OyCi:PT That rorrion rf the _•oah half of the Northeast ;"carter of Section 25 Townsnip 4 North, .r:ance 1 west, poise Meridian, in A a County, Idaho, described as follown: Beginning at the East Quarter corner of said Section tht-nce North e9°57122" West, a distance of 762.94 feet to the real point of beoinrl'.-g; thence North 89°57122" West a distance of 370.00 feet to a Point; thence North.0"18'22" West a distance of 650.71 feet to a Point; thence South 71'23'09" East a distance of 391.12 feet to a point; thence South 0°18'22" East a distance of 525.15 feet to the real point of beginrinc. AND ALSO EXCEPT That portion of the South half of the Northeast Quarter of Section. 25, Township 4 North, Far:ae. 1 West, Boise Meridian, in ?.'-a County, Idaho, described as follcws: Beginning at the Last Quarter cor-ter of said Section; thence North 89°57'22" Fest a distance of 1.132.94 feet to the real point of beginning; thence North 89'57'22" West a Iistar.ca of 312.00 feet to a .:..pint; thnce Korth 0°:.8'2.2" cost, a distance of 755.75 feet to a :;int; ...once South 71'23'09" Fe-sz a d: stance of 379.81 feet 10 a ;.a; nt; thence South 0°18'22" Ear,,, a distan•.c of 650.71 feet. to the real point of La qir:piny. Sime el cmw. ccu:::r M era A PIONEER TIT E cu. � _ --8z-79-- 823) _ WARRANTY DEi.J For Value Received ,HUNTER R. BROCK and WILDA I. BROCK, husband and wife,. the grantors. do ,hereby grant bargain, sell; and convey unto D`dAINE; G. ;WOLF .i and SHARON 'M WOLF, husband and wife, the grantees,the -following. described premises, in_..Ada.,___•-••..••County Idaho,- to wit: The 15144 of the SE -14 and the N' of the Sla4 of the SEk in Section 25, Township 4 North, Range 1 West, Boise ?Seridian, in Ada County, Idaho. Together with all water, water rights, ditches and ditch rigubts of wayappurtenant thereto or connected therewith. Except ditch rights of way. Togetber with an easement.for ingress and egress ten feet in width along the East boundary of the S' SW4 SE-,, Section 25, T. 4N., R. lid., B.M., Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto- the said Grantees. their heirs and assigns forever. And the said Grantors do hereby covenant to and with the said Grantee s, that the y are the owner s in fee simple of said premises; that they are free from all encumbrances and that the y will warrant and defend the same from all lawful claims whatsoever. Dated: marcli 1969. STATE OF IDA`?O, yL'UNTY OF ADA On this 1� {�' day oI March , 1969 . before me, a no(ary public in and for said State, Personally appeared HURTL'R R. B20CK and'WILDA I. BROC husband and -.wife, known to me to be the jpermn S -whose name S are subacrib>d to tr. srithia inztr.^._neht. and acknowledged to _.e .._ tip, rxerr�rd the ,awe. n STATE OF IDAHO, COUNTY OF �--1 I hereby certify that this instriment was fled for record at the request of �.ti`eai0 Sic �U- at ���� minutes Past ICIMIC this 7 qday of 19 �, in my office. afid duly recorded in Cook of Deeds at Page CLARE, -!CE A. ?LAN T ING Ez•091rio P.eeor?er �; � // WARRANTY DEED For Value Received WILLIAM G. WOLF and CHRISTINE E. WOLF, husband and wife, the grantor % do hereby grant, bargain, sell and convey onto DWAINE G. WOLF and SHAROX M. WOLF, husband and wife, the grantee a, the following described p_remlaea, to-wft:` ra The East half of the Southeast Quarter of Section 25, � aTownship 4 North of Range 1 West of the Boise Meridian, i.n Ada County, State of Idaho. Except canal rights of way and also except ditch and s road rights-of-way. Together with all water, water rights, ditches and ditch rights of tray appurtenant thereto Or connected therewith. I i. 1 i TO HAVE AND TO HOLD the said premises, with their appurtenances unto the Said Grantee s. their heirs and assigns forever. And the said Granter s do hereby covenant to and with the said Gma Imes , that t hey are the owners in fee simple- of said premises; that said premises are free from all incumbrance and that t hey will warrant and defend the Same from all iawiul claims whatsoever. - Dated: February 6, 1968. I STATE OF IDAHO. COUNTY Ov ADA Z STATE OF IDAHO. Cou.%*TY OF Ada On this 6th day of Feb. . IS 68. 1 hereby certify that this insrrument wes filed for ,ecord at N nerare .m+rr pnairm and h,t ...,d stat,, peraoaauy the regaest of Capitol Title Co � a appeared a, 45 minutes past 12 o'clock Pau,i 3 WILLIAM C. WOLF and CHRISTINE E. ma 27th day February Z WOLF, husband and wife, tP 68 . ,n my oaae. sad duly recorded in Hook oI Deeds at page Z 0 t kndwn to me ra tw toe imtmnt,. anS a Snames are � subxribed to the win instithrued acr knowledged to CLP.F.mYCE A. °y..4?fil'11:G . -Ifido I me fC' they e/z/.ted the same. Ea Beeorder -=y. ,•, SataD' Yublic sea, i .a Q�ridian�— ,Idaho � -- --- Fees S 0 ' ?: Gmm�-EfSj 15, 1969. Mail e: FLBA of Boise Idaho 8376.2 _ 1124 Bannock Street, Boise, -- w:...... twee M.w e<�. OWNERS OF RECORD FOR PARAMOUNT Parcel No. owner Mailing Address s0425336040 Hanks, Ron & Becky 5120 N. Linder Road, Meridian, ID 83642 s0425233800 Kooyers, Sheridan 5940 N. Linder Road, Meridian, ID 83642 s0425233875 Kooyers, Sheridan 5940 N. Linder Road, Meridian, ID 83642 s0425325460 Meridian Joint School District No. 2 911 N. Meridian Road, Meridian, ID 83642 s0425110100 Paramount, LLC 12426 W. Explorer Drive, Boise, ID 83713 s0425120605 Paramount, LLC 12426 W. Explorer Drive, Boise, ID 83713 s0425141825 Paramount, LLC 12426 W. Explorer Drive, Boise, ID 83713 s0425141900 Paramount, LLC 12426 W. Explorer Drive, Boise, ID 83713 s0425233605 Paramount, LLC 12426 W. Explorer Drive, Boise, ID 83713 s0425233690 Paramount, LLC 12426 W. Explorer Drive, Boise, ID 83713 s0425233910 Paramount, LLC 12426 W. Explorer Drive, Boise, ID 83713 s0425325470 Paramount, LLC 12426 W. Explorer Drive, Boise, ID 83713 s0425336080 Paramount, LLC 12426 W. Explorer Drive, Boise, ID 83713 s0425131750 Wolf, Dwaine & Sharon 4895 N. Meridian Road, Meridian, ID 83642 s0425417200 Wolf, Dwaine & Sharon 4895 N. Meridian Road, Meridian, ID 83642 s0425427800 Wolf, Dwaine & Sharon 4895 N. Meridian Road, Meridian, ID 83642 9 0 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) We, Ronald & Rebecca Hanks, 5120 N. Linder Road, Meridian, Idaho 83642, are the record owners of the property described on the attached, and we grant permission to Paramount, LLC, 12426 W. Explorer Drive, Ste. 220, Boise, ID 83713, and its representatives to submit the accompanying applications pertaining to that property. Dated this I z7q` day of , 2002. (Signature) ( gna SUBSCRIBED AND SWORN to before me the day and year first above written. L► to0600aA a7PQB,oq® LWIi/�AL� K' L �P Notary Public f Idahp ®° °°° ^� .� °•� Residing at: G� © oT4d� °6ysn' Commission Expires: % '°VBLl P0s®a, OF 1� poo°n Dec -11-02 03:45P The Westpavk Co 2088889947 • • AFFIDAVIT OF LEGAL INTEREST STATE OF ) ss COUNTY OF ) LdP�u Name Address City State/Zip being duly sworn upon oath, depose and say: I . That I am the record owner of the property described on the attached, and I grant my permission to: P.02 to submit the accompanying application pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting Prom any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. �t Dated this day of etp leiot 6 e t- , 20 d (Signature) ACKNOWLEDGMENT - personal STATE OF ) ss County of 4d cQ - ) On this day of S�� in the year of 2002 before me PPA r ) e 1 ?c;,,,;, a notary public, personally appeared �, pr ; do 'Er' ,ars known or identified to me to be that person that executed the within instrument, and acknowledged to me that such executed the same and acknowledged that the same was signed as a free and voluntary act and deed for �}IEyFes and purposes herein mentioned. GIt �n itrttlp my hand and official seal this /� day of 2002 `! Q o11pRl' �;4 ' Not Public, for ! do G ; Residing at � so: My Commission E� pires: Osseo ••., PATE a iciaciuc Ina oo:u9 rnn cvo Doo o,uv Doe 11 02 03:07p tJary Ana v v. 12DB1 f4-3822 p,2 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO CO'UN'rY OF ADA ) ss J. , am authori7ed on behalf of Joint schonI District.Nu. 2, which is the owner ol'real property located within the boundaries of proposed 1'ammotlnt Subdivision, and do grant permission to Yaramotmt, LLC, 12426 W. Explorer Drive, Ste. 220, Boise, ID 83713, and its representatives to submit the accompanying applications pertaining to that property. Dated this _ day ol',2002. Joint School District No. 2 SUBSCRIBED AND SWORN to before me the day and year first above written. S11059=48818, CV h y_ltixc:�r-- Noytry Public lda�lo y �► 1r ? Residing at: rp A� Commissionhxpllvs: _ 3-.i 7-3� PU % �O Dec -12-02 03:43P The STATE OF IDAHO) COUNTY OF ADA) Westpark Co 9 2088889947 0 AFFIDAVIT OF LEGAL INTEREST ss I, Gregory B. Johnson, on behalf of Paramount, LLC, 12426 W. Explorer Drive, Suite 220, Boise, Idaho, 83713, am the record of owner of the property described on the attached and am authorized to submit the accompanying application pertaining to that property. Dated this Id 4� day of '-Dec Pn.64-rr , 2002. L?on Paramount, AND SWORN to before me the day and year first above written. Y a Notdry Public for Idaho •`'"`��""""� Residing at: S �,.•,�TyA L. ep o,.a ,r'Qg 4� ., Commission Expires: , pTA$p 2 ull to •.gTE OF 10gm•+° P.02 iDSOS Document Pa*f 1 FILEDEFFeCTIv€ 251 ARTICLES OF ORGANIZATION LIMITED LIABILITY COMPANY 711V MAR 27 PM W 11 (Instructions on back of application) SEJ� .ti;'r OF STATE S'L1' I_ ;m IOW 1. The name of the limitedliability company Is: Paramount LLC 2. The street address at the initial registered office Is: 12426 W. Explorer Drive, Soho 220 Boise, Idaho 83713 and the name of the initial registered agent at the above address is: David W. Turnbull 3. The mailing address forfutureconespomfence: 12426 W. Explorer Drive, Suite 220 Boise, Idaho 83713 _ 4. Management ofthe limited liability companyvAll bevested in Manager(s) C] or Member(s)S . 1pm..pn mapm www. i 5. If management is to be vested in one or mom manager(a), list the name(s) and addrass(es) of st leastone Initial manager. If management Is to be vested In the members, list the name(s) and addresses) of at least one Initial member. NameS_dd_ress Brighton Corporation 12426 W. Explore Drive, Suite 220 Boise, Idaho 83713 Pandand Development, LLC PO Box 344 Meridian, Idaho 83680 Signature of at least one person responsible for forming the limited liability company. Signature , [�.a_.. C • K-�--K-`L Typed Name Anne C. Kunkel s.... orcy Capacity Organizer Signature _ Typed Name Capacity MID 8EUill 6 UMTS 03/2'7/200205c B0 W 3250 crr 1626 Ills 45612 l!ta1.0v yal MM LLE42 W \ `oto OS hnn-//� seneWdahn oru/nuhlic/sos/enm/search.html?SearchFormsteD=Drintdoc&Search... 12/11/02 IDSOS Document • Pa*of 1 251 ARTICLES OF ORGANIZATION LIMITED LIABILITY COMPANY FILED` (Insiructlwls on back of application) a 1. The name of the fimkad fiabllily company Is: Parkland Development, LLC 2. The address of the Initial registered office is: 30 East Franklin, Suite 6o., Meridian, Idaho e3642 M' emti and the name of the Initial registered agent at that address is: Gregor /y B.. f—J-ohnson Signature of registered agent: 41:4 A5�af11 . 446 3. Is management of the limited liability companyveslad in a manager or managers? Yes ❑ No Wizx woAm.memi 4, If management is vested in one or more manoger(s), list the name(s) and address(ea) of at� least one Initial manager. tf management Is vested in the members, list the name($) and addrese(es) of at least one inieal member. Nernw. /Wdn3ss: o"eg_y a. .mhnsnn 30 East Franklin, Suite 60, Meridian Idaho 63642 S. Signature of at least one person listed in #4 above: £regdFy,42;7JobrWn, Managing Member 82/4010 ar 540 Cir 3r3M tar 1111 1 11M.M - 1M,M UMaI LLC C 2 LJ1?C 8,53 httn://www.accessidaho.oreIDublielsos/coro/search.html?SearchFormsteo=r)rintdoc&Search... 12/11/02 STATE OF IDAHO ) ss COUNTY OF ADA ) Meridian (city) OIDAVIT OF LEGAL INTEREST 0 I, Dwaine G. Wolf & Sharon M Wolf 4895 N Meridian Rd Name Address Idaho (state) being first duly sworn upon oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to PARKLAND DEVELOPMENT LLC PO Box 344 Meridian ID 83680 (name) (address) to submit the accompanying application pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this 26 day of July Xg 2000 )192 w� (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. moi% .'J6Q Qajcr �a•• Notary Public for Idaho j n eP�EA hfee ye •..�••• Residing at'1Q��.0 ,.... 0,p •• xoTglpter' My Commission Expires: '. f'UBLtG d 1 era,�9T� OF 9�'00�'', 5 Dec -12. 2002 7:57PM ENGINEERING NW Noyth West, LLC 0 No -b189 V. blla N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 • Fax (208) 376-5556 Project No. 02-037-01 Date: December 12, 2002 PARAMOUNT SUBDIVISION PRELIMINARY PLAT DESCRIPTION A parcel of land located in Section 25, T. 4 N., R. 1 I W., B,M., Ada County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 25, 26, 35 and 36 of said TAN., R. 1 W.; Thence North 00°25'11"East, 25.00 feet on the section line common to said Sections 25 and 26; Thence South 89024'05" East, 25.00 feet to a point on the easterly right-of-way line of North Linder Road, said point being the REAL POINT OF BEGINNING; Thence North 00'25'11" East, 973.89 feet on said easterly right-of-way line; Thence North 89025133" West, 25.00 feet to a point on the section line common to said Sections 25 and 26; Thence North 00°25' 11" East, 320.00 feet on said section line to the South 1/1 6th section comer common to said Sections 25 and 26; Thence South 89°25'33" East, 500.00 feet on the northerly boundary line of the SW 1/4 of the SW 1/4 of said Section 25; Thence North 00'25'11" East, 212.00 feet; Thence North 89°25'33" West, 475.00 feet to a point on the easterly right-of-way line of North Linder Road; Thence North 00025'11" East, 933.61 feet on said easterly right-of-way line; Thence North 89044'07" East, 150.88 feet; Peremnt Sob PwPlal D=Aoc Page I of 4 Dec -12. 2002 7:58PM ENGINEERING NW Na,5789 N. 9/19 Thence North 00013'37" West, 171.11 feet to a point on the east -west mid-section line of said Section 25; Thence North 89°27'08" West, 173.93 feet on said east -west mid-section line to a point on the section line common to said Sections 25 and 26; Thence North 00055'13" East, 664.42 feet on said section line; Thence South 89°25'53" East, 401.00 feet; Thence North 00°55'13" East, 364.27 feet; Thence South 89°24'37" East, 325.00 feet; Thence North 00'55'13" East, 300.00 feet to a point on the southerly boundary line of the NW 1/4 of the NW 1/4 of said Section 25; Thence South 89°24'37" East, 1952.46 feet on said southerly boundary line and on the southerly boundary line of the NE 1/4 of the NW 1/4 of said Section 25, to a point on the north - south mid-section line of said Section 25; Thence North 00°32'25" East, 702.92 feet on said north -south mid-section line; Thence South 86°15'58" East, 367.17 feet-, . Thence North 00032'25" East, 605.38 feet to a point on the southerly right -o£ --way line of West Chinden Boulevard (Highway 20/26); Thence South 89°37'01" East, 110.01 feet on said right -of --way line; Thence South 00°33'36" West, 427.23 feet to a point of curve; Thence 54.60 feet along the are of a curve to the left, said curve having a radius of 70.00 feet, a central angle of 44°41'21" and a chord distance of 53.22 feet which bears South 21047'04" East; Thence South 44°07'45" East, 202.07 feet to a point of curve; Thence 179.37 feet along the arc of a curve to the right; said curve having a radius of 230.00 feet, a central angle of 44°41'01" and a chord distance of 174.86 feet which bears South 21047'15" East; Pammot Sub PmPht Dmc.doc Page 2 of 4 Dec•12. 2002 1:5BPM ENGINEERING NW 0 0 Thence South 00033'16" West, 152.99 feet; Thence South 89°36'40" East, 701.97 feet to a point of curve; NO•Dltly F. lu/ly Thence 77.05 feet along the arc of a curve to the right, said curve having a radius of 95.00 feet, a central angle of 46128'07" and a chord distance of 74.95 feet which bears North 51°53'49" East; Thence South 89"36'40" East, 50.00 feet to a point of curve; Thence 77.05 feet along the are of a curve to the right, said curve having a radius of 95.00 feet, a central angle of 46128'08" and a chord distance of 74.95 feet which bears South 51°07'09" East; Thence South 89°36'40" East, 1096.96 feet to a point on the easterly section line of said Section 25; Thence South 00°25'09" West, 213.80 feet on the easterly section line of said Section 25; Thence North 70°23'09" West, 345.25 feet; Thence South 00°24'33" West, 70128 feet; Thence North 89°34'44" West, 94.14 feet; Thence North 78°26'30" West, 962.67 feet; Thence South 00°02'30" East, 334.37 feet; Thence South 70°41' 13" East, 239.28 feet; Thence South 00111'32" West, 655.52 feet to a point on the east -west mid-section line of said Section 25; Thence South 89°2728" East, 1132.94 feet on said mid-section line to the East 1/4 section comer of said Section 25; Thence South 00°23'20" West, 2640.13 feet on the easterly section line of said Section 25 to the southwest comer of said Section 25; Thence North 89°27'26" West, 1340.92 feet on the section line common to Sections 25 and 36 of said T.4 N., R.1 W., to the East 1/1 6th section comer common to said Sections 25 and 36; Pay iant Sub PtePlat Desc.doe Page 3 of 4 Dec•12. 2002 7:5BPM ENGINEERING NW No -51H9 P - 11/i9 Thence North 00'27'49" East, 660.02 feet on the easterly boundary line of the S 1/2 of the SW 1/4 of the SE 1/4 of said Section 25, to the Northeast corner of said S 1/2; Thence North 89°27'28" West, 1340.10 feet on the northerly boundary line of said S 1/2 of the SW 1/4 of the SE 1/4, to the northwest comer of said S 1/2; Thence North 00°32'05" East, 660.01 feet on the north -south mid-section line of said Section 25 to the Center -South 1/1 6th section comer of said Section. 25; Thence North 89°25'33" West, 2013.32 feet on the northerly boundary line of the SE 1/4 of the SW 1/4, and the northerly boundary line of the SW 1/4 of the SW 114 of said Section 25; Thence South 00°26'58" West, 1294.17 feet to a point on the northerly right-of-way line of West McMillan Road; Thence North 89°24'05" West, 645.47 feet on the northerly right-of-way line of West McMillan Road to the real point of beginning. Said parcel contains 392.17 acres more or less. PREPARED BY: Engineering NorthWesy LLC James R. Washburn, PLS Patannt Sub P=Plat Dese.doo Page 4 of 4 S ■�J L �'�3 a I fnmm� Inrnnl� _ Iillimmum Iill11� Wo IIIA1k6m 1 11111 1111 11111E7 ♦♦ 00 p�� �� NOW �♦ �� mmp �I�ll1I I►ISI I1 � ♦ ♦ ♦ ♦ �♦ ♦���,�..... . ami► � - :C � �� . �, Mang 111��fi♦JIIIIIIIIIIII- ���L_ � � � - , 1 - �� � �►�1�1����1111111111111111111 . i a ii i ��IIIIIII � �� =--- - -- • 1 : ��IIIIIIIIII►♦ �� � �� 1 �I Bea 12 D2 08s38p 0 DOME ENGINEERING, INC. 777 Hearthstone Dr. Boise, ID 83702 (208) 345-3290 Phone (208) 388-0309 Fax December 12, 2002 Jon Wardle Wardle & Associates 50 Broadway Ave., Suite B Boise, ID 83702 RE: Paramount Subdivision - Traffic Impact Analysis Dear Jon: Paramount Subdivision is a mixed use planned development with direct access to Linder, Meridian, Mc Millan and Chinden Boulevard (US 20-26). At full buildout the development will generate approximately 23,000 new vehicle trips beyond the North Meridian Area. This includes a peak hour traffic demand of 2,250 vehicles per hour. The mixed land use character of the development will result in a reduction of total traffic. Interaction among the residential, office and retail uses within the Paramount Subdivision will capture approximately 141/6 of daily traffic, and interaction among other proposed land uses in the North Meridian Area will capture an additional 220/a of daily traffic. At the present time, Chinden Boulevard carries approximately 15,000 vpd, which equates to a level of service "C." This traffic volume is projected to increase at a 2.5% annual rate through the year 2015. At full buildout Paramount tragic will add approximately 6,500 vpd to the through traffic volume on Chinden Boulevard. The adjacent segment of Chinden is not currently scheduled for widening. However, preliminary engineering and right-of-way acquisition are identified in the Statewide Transportation Improvement Program for FY 2006. The need for additional capacity on Chinden was also identified in the North Meridian Area Traffic Study prepared by Washington Group in 2001. Additional lanes will be required to accommodate the new Paramount traffic plus traffic from other developments in the North Meridian Area by the year 2010. p.3 Dec 12 02 08:38p DOBE ENGINEERING, INC. 777 Hearthstone Dr, Boise, ID 83702 (208) 345-3290 Phone (208)388-0309 Fax Site traffic will also add approximately 3,000 vpd each to Meridian, Linder and Mc Millan Roads. Sufficient capacity now exists on these roads to accommodate the new site traffic within acceptable standards. A traffic signal will be needed at the main project entrance on Chinden Boulevard. This signal will provide the necessary traffic capacity to accommodate the site -generated traffic. Improvements at the secondary accesses on Meridian, Linder and Mc Millan Roads will include landscaped islands with pedestrian lighting and speed change lanes. Traffic volumes on the internal subdivision streets will conform ACHD guidelines, and the level of congestion at the site intersections will be within acceptable standards. Sincerely, 166V&' -L Patrick Dobie, P.E. Dobie Engineering, Inc. 6 6 PROPERTY OWNERS WITHIN 300' PARAMOUNT SUBDIVISION LINDLEY LOU JEAN B TRUST LINDLEY MERLE H 25588 PAR DR CALDWELL ID 83607-0000 6615 N MERIDIAN RD BOWEN REED J JR BOWEN MARY H 6673 N FOX RUN AVE MERIDIAN ID 83642-0000 6479 N FOX RUN AVE PINKSTON J R d F M RES LIF EST PINKSTON J R 8 F M TRUST 430 W CHINDEN BLVD MERIDIAN ID 83642-5138 450 W CHINDEN BLVD 430 W CHINDEN BLVD TITUS NATHAN L TITUS JENNIFER 593 W GRAY FOX CT MERIDIAN IO 83642-0000 KIRKMAN MICHELLE Y 6452 N FOX RUN AVE MERIDIAN ID 83642-0000 PROCTOR JOHN 5 d M RAE 825 W CHINDEN BLVD MERIDIAN ID 83642-0139 DENNETT MEL RISCH 6055 S INSINGER 1201 W SOUTH CHANNEL RD EAGLE ID 83616-0000 W CHINDEN BLVD BOISE FIRST CHURCH OF RELIGIOUS SCIENCES 600 N CURTIS RD BOISE ID 83702-0000 W CHINDEN BLVD LEROY E BRANDT FAMILY LIMITED LIABILITY PARTNERSHIP BRANDT ELROY 2630 E PARK STONE OR MERIDIAN ID 83642-0000 N LINDER RD HUARTE FAMILY TRUST HUARTE GREGORY T TRUSTEE 3983 ROBLAR AVE SANTA YNEZ CA 93460-9727 1225 W CHINDEN BLVD W CHINDEN RD DIOCESE OF BOISE 6005 N MERIDIAN RD MERIDIAN ID 83642-0000 IVORY DON B IVORY DENISE 7 5995 N MERIDIAN RD MERIDIAN ID 83642-0000 STEWART ARCHIE D 6 WATKINS KELLE 5%0 N LINDER RD MERIDIAN ID 83642-5108 HAMILTON BUCK O A HAMILTON MARTHA E 5945 N MERIDIAN RD MERIDIAN ID 83642-5164 BATES BOOZE E 5925 N MERIDIAN RD MERIDIAN ID 83642-0000 KOOYERS SHERIDAN C KOOVERS PHEBE A 5940 N LINDER RD MERIDIAN ID 83642-0000 N LINDER RD 0 0 SCOTT E AILEEN AND NELSON CATHERINE L SCOTT ELIZABETH ANN 5555 N LINDER RD 5725 N MERIDIAN RD MERIDIAN ID 83642-5109 MERIDIAN IO 83642-0000 MERIDIAN IO 83642-5170 N MERIDIAN RD MERIDIAN JOINT SCHOOL DIST NO 2 5725 N MERIDIAN RD 911 N MERIDIAN Pb E CHINDEN BLVD MERIDIAN IO 83642-2241 WOLF DWAINE 6 N LINDER RD WOLF SHARON M 5220 N LINDER RD 4895 N MERIDIAN RD LUKEHART BEN W MERIDIAN IO 83642.5170 5375 N LINDER RD N MERIDIAN RD MERIDIAN TO 83642-0000 PARAMOUNT LLC WOLF DWAINE 12426 W EXPLORER OR STE 220 WOLF SHARON M BOISE ID 8371340000 4895 N MERIDIAN RD N MERIDIAN RD MERIDIAN IO 83642-5170 N LINDER RD N MERIDIAN RD 5710 N LINDER RD E CHINDEN BLVD STRUCKMAN DONN AND W CHINOEN BLVD RICHAROS MOLLYANNE 5220 N LINDER RD GOLDSMITH MARTY MERIDIAN IO 83642-5308 4467 N DRESDEN PL STE 102 BOISE IO 83714-0000 WOLF DWAINE 6 N LINDER RD WOLF SHARON M 5975 N LINDER RD 4695 N MERIDIAN RD MERIDIAN ID 83642-5170 MASTROPAOLO MICHAEL MASTROPAOLO ELEANOR B HANKS RONALD 6 d 2369 W CHAMPAGNE OR HANKS REBECCA A EAGLE IO 83616-0000 5120 N LINDER RD N MERIDIAN RD MERIDIAN IO 83642-5100 PACKARD JOHN W LEGARRETA FULGENCIO PACKARD SAIL E LEGARRETA JOSE R 1920 W VICTORY RD 1360 W MCMILLAN RD MERIDIAN ID 83642-0000 MERIDIAN ID 63642-0000 N MERIDIAN RD 810 W MCMILLAN RD ROGERS DOUG 5665 N MERIDIAN RD MERIDIAN ID 83642-0000 0 FULFER KELLY FULFER BRENDA 2350 W MCMILLAN RD MERIDIAN ID 83642-5148 W MCMILLAN RD 4695 N LINDER RD N LINDER RD CHESTER DALICE R A CHESTER KARLA RAE 470 W MCMILLAN RD MERIDIAN ID 83642-5137 REITERMAN BONNIE 770 W MCMILLAN RD MERIDIAN ID 83642-5146 LEGARRETA FULGENCIO LEGARRETA MARGARET 1360 W MCMILLAN RD MERIDIAN ID 83642-0000 BRUCK JACK L BRUCK M DAWN 1295 W MCMILLAN RD MERIDIAN ID 83642-5147 1365 W MCMILLAN RD EBBINGHAUS JOHN RJR 22162 DUENDE MISSION VIEJO CA 92691-0000 1437 W MCMILLAN RD GISH DON 6 NELLIE TRUST GISH DONALD L TRUSTEE 4585 N MERIDIAN RD MERIDIAN ID 63642-0000 BEWS E L BEWS SHIRLEY 6 5204 N SORRENTO CIR BOISE ID 83704-0000 4755 N LINDER RD 0 JAMES LARRY D 2165 DIXIE CREEK RD CAMBRIDGE ID 83610-5184 N MERIDIAN RD CHUKAR ESTATES LLC 1719 N 18TH ST BOISE ID 83702-0000 505 W MCMILLAN RD • MASTER DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR PARAMOUNT SUBDIVISION December 15, 2002 ARTICLE I. RECITALS WHEREAS, the undersigned (hereafter "Grantor') Is the owner of certain land In Ada County, Idaho, more particularly described as follows (hereafter "Property' or 'Subdivision'): WHEREAS, the Grantor desires to subject the Property to the covenants, conditions, restrlctions,easements, reservations, limitations and equitable servitudes herein set forth to m Insure the enhancement and preservation of property values, 09 provide for the proper design, development, improvement and use of the Property by the Grantor and all other persons or entities who may subsequently acquire an Interest In the Property and (III) create a residential development of high quality; WHEREAS, as additional land owned by the Grantor adjacent to the Properly Is platted and developed for uses similar to that of the Property, upon election by the Grantor, such shall become subject to the terms of this Master Declaration by annexing the same as provided herein; WHEREAS, because the Property will be developed In several phasse, each of which may have unique charaeterlsticaneeds and requirements, the Grantor may, from time -to -time, promulgate further conditions, covenants, restrictions and easements as 'Supplemental Declarations' relating to particular tracts or parcels of real property within the Property; WHEREAS, In order to achieve the objectives and desires of the Grantor, the Grantor will control the management and government of the Property and the non-profit association of Owners to be created until such time as the Owners take over the management functions through the Association upon substantial completion of the development process. ARTICLE It. DECLARATION The Grantor hereby declares that the Property and each lot, tract or parcel thereof (hereafter called "Lot," unless specified to the contrary), Is and shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and Improved subject to the following covenants,conditions, restrictiongeasemerd,raservations,limitatlonsand equitable servltudes(hereaRercollectivelyealled 'bovenants 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 Properly or any lot therein, and to enhance the value, desirability and attracilvenessthereof. The covenants and restdctlonsset forth herein shall run with the land and each estate therein and shall be binding upon all persons having or acquiring any right, title or Interest In the Property or any Lot therein; shall Inure to the benefit of every Lot In the Property and any Interest therein; and shall Inure to the benefit of and be binding upon the Grantor and each Owner, and each successor In Interest of each, and may be enforced by the Grantor by and any Owner, or by the Owner's Assoclation,as hereafterprovlded. Notwithstanding the foregoing, no provision of this Master Declaration shall be construed or enforced to prevent or limit the Grantor's right to complete development of the Properly In accordance with the plan therefor as the same exists or may be modified from time to time by the Grantor nor prevent normal constructionactivities during the construction of Improvements upon any Lot in the Property. No development or construction activities shall be deemed to constitute a nuisance or violation of this Master Declaration by reason of noise, dust, presence of vehicles or constructionmachinery, erection of temporary structures,posting of signs or similar activities, provided that the same are actively, efficiently and expeditiously pursued to completion. In the event any dispute concerning the foregoing shall arise, a temporary waiver of the applicable provision(s) of this Master Declaration may be granted by the Architectural Control Committee provided that such waiver shall be for a reasonable period of time and shall not be violative of the ordinances of Ada County or the City of Meridian, as the case may be, applicable to the Property. Any such waiver need not be recorded and shall not constitute an amendment of this Master Declaration. MASTER DECLARATION - 1 (12/4/02) In the event of a conflict between the provlslonsof this Master Declaration and the requirements of the ordinances of Ada County or the City of Meridian, as the case may be, applicable to the Property, the more restrictive shall control. ARTICLE III. DEFINITIONS As used In this Master Declarallon,unlessthe context otherwisespedflesor requlres,the followingwords and phrasesshall be defined as follows: ACC: The ArohitecturalControl Committee for the Property. ACC Rules/ACC Standards: Such rules or standards promulgated by the Grantor and/or the ACC as authorized by Section 528, below. Annexation: The process by which additional tracts or parcels of land not Initially a part of the Property are made subject to this Master Declaration. Assessment: A payment required of Association members, Including Regular, Special or Limited Assessments as provided In this Master Declaration. Association: Paramount Owners Association, Inc., an Idaho non-profit corporation. Board: The duly elected and qualified Board of Directors of the Association. Bulklina A structure constructed on a Lot on a temporary or permanent basis and unless specified to the contrary, shall Include all other appurtenances and Improvements thereto or used In connection therewith. By -Laws: The By -Laws of the Association, Including any amendments thereto duly adopted. Common Area: All real property, Including easements or other Intereststhereln, located within or outside of the boundaries of the Property In which the Assoclathm owns an Interest or controls or which the Association Is obligated to maintain, Including, but not limited to, of -she drainage facilities, landscaping easements and the easements for the pressurized Irrigation system within the Property as shown on the Plat, and which are owned, held, controlled or maintained for the betterment of the Owners and Occupants of the Property. - Development The project to be undertaken by the Grantor resulting In the Improvement of the Property, or any additional property annexed hereunder, Including landscaping, amenities, construction of roadway; utility services and other Improvements. Grantor: The undersigned owner of the land comprising the Property, including • sucoessorof the undersigned Grantor, which successor succeeds to the ownership of all of the Grantor's interest In the whole of the Property. Improvements: All structures and appurtenances thereto of all kinds and types, including but not limited to, Buildings, roads, driveways, parking lots, sidewalks, walkways, walls, fences, screens, landscaping, poles, signs and lighting. Improvements shall not Include those Items which are located totally on the Interior of a Building and cannot be readily observed when outside thereof. Initial Construction: The first construction of permanent Improvements on a Lot following the sale of that Lot by the Grantor to an Owner, and Intended for residentialoxupancy. Limited Assessment: An Assessmentlevled by the Aasociatlonupon one or more Lots, but not upon all Lots within the Property, for the purpose of securing payment by the Owner(s) thereof of amounts expended by the Assoclatlonto correct a condition prohibited or to ours an Owner's breach hereunder. Lot: A portion of the Property which Is a legally desorlbed tract or parcel of land within the Property or which Is designated as a Lot on any recorded subdMslon plat relating to the Property. Master Declaration: This Instrument as it may be amended from time to time. Master Plan: The overall master development plan prepared by the Grantor for the whole of the Property, as the same exists from time-to+dme and which Illustrates the proposed total development contemplated by the Grantor and the nature and location of each of the uses Intended to be allowed within the Property. Provided, that no use shall be allowed within the Property unless the some Is In accordance with applicable zoning ordinances. MASTER DECLARATION - 2 (12/4/02) i Member : Any parson(s) who Is an Owner of a Lot within the Property. Mortgage Any mortgage or dead of trust or other hypothecatonof land located In the Properly to secure the performance of an obligation. Unless othervdsespedficallyprovlded, the referenccto a 'Mortgage" In this Master Declaration shall be limited to a 'first Mortgage,' Including a 'first Deed of Trus;' on a lot within the Properly. Morloacee: The holder of a Mortgage or the beneficiary under a Deed of Trust, Including an assignee(s)thereof, which Mortgage or Deed of Trust encumbers a Lot with the Property owned by an Owner. Unless otherwise specifically provided, the reference to a 'Mortgagee" in this Master Declaration shall be limited to a holder of a first Mortgage, Including a beneficiary under a first Deed of Trust on a Lot Occupant Any person, assoclatlon,corporatlonor other entity who or which Is an Owner, or has leased, rented, been licensed, or Is otherwise legally entitled to occupy and use any Building or Improvement on a Lot whether or not such right Is exercised, Including their heirs, personal representatives,successomand assigns. Owner : A person or persons or other legal entity or entitles, Including the Grantor, holding fee simple title to a Lot within the Property, Including contract sellers, but excluding those having such Interest merely as security for the performance of an obligation, but Including any Mortgagee (of any prlonty) or other security holder provided said Mortgagee or other security holder Is In actual possession of a Lot as a result of foreclosureor otherwise, and any person taking title through such Mortgagee or other security holder by purchase at foreclosure We or otherwise. Paramount Owners Association, Ina: The Idaho non-profit corporation organized by the Grantor and compromised of Members and existing for the purpose of providing self-governmemfor the Property. Paramount Subdivision: The whole of the Property described above and any additional land annexed thereto as provided herein. Plat: A final subdivision plat covering any portion of the Property, as recorded In the office of the County Recorder, Ada County, Idaho, as the same may be amended by duly recorded amendments thereto. Property: The whole of the Property described In Article I, above, and any additional land annexed thereto pursuant to Article )II, below. Reaular Assessmehht An assessment levied by the Assoclatlonto provide funds to pay the ordinary estimated expenses of the Association. Special Assessment: An assessmentlevled by the Association other than a Regular or Umhed Assessment Sub -Association : An Idaho non-profitccrporatonor unlnomporatedAssoclatlonorganized by the Grantoror by any Owners) pursuant to a Supplemental Declaration recorded by the Grantor for any specific tract or parcel within the Subdivision. Unless speclficallyprovlded to the contrary,or the context requires otherwise, a reference to 'Assoclatlon'shall include "Sub -Association.' Sub -Association Board: The duly elected and qualified Board of Directors of a Sub -Association. Unless specifically provided to the comrsry, Or the context requires otherwise, reference to 'Board" shall Include "Sub-Assoclatlon Board." Subdivision: The above-desalbedPropertyand any additional land annexed theretopursuamto ArdcleXll, below, whether subdivided and/or marketed under the name "Paramount Subdivision." Supplemental Declaration: The additlonalor dlReremcondltions,covenanb,condhions,restriauonsand easements relating to a particular tract or parcel of real property within the Property promulgated by the Grantor and recorded In the official records of Ada County, Idaho. Unless speclfioallyprovlded to the contrary, or unless the context otherwise requires, a reference to "Master Declaraton'shatl Include "Supplemental Declaration." ARTICLE N. PURPOSE The Property Is hereby madesubject to the covenants and restrlctionscontalned In this Master Declaration, all of which shall be deemed to be Imposed upon and run with the land and each and every Lot and parcel thereof, and shall apply to each and every Owner and Occupant thereof and their respective successors In Interest, to Insure proper design, development, Improvement, use and maintenance of the Property for the purpose of: - MASTER DECLARATION - 3 (12/4/02) (a) insuring Owners and Occupants of Buildings of quality of design, development, Improvement use and maintenance as shell protect and enhance the Investment and use of all Lots and Improvements. (b) The prevention of the erection within the Property of Improvements of Improper design or construction with Improper or unsuitable materials or with Improper quality and method of construction. (c) Encouraging and Insuring the erection of quality and attractive improvements appropriatehyiocatsdwithin the Property to assure visual quality and harmonious appearance and function. (d) Securing and maintaining proper set -backs from streets and open areas within the Property and adequate free spaces between Improvements. (e) The Integration of development of the different Lots by setting common general standards consistent with the ACC Rules/ACC Standards existing from time to time. (Q Insuring attractive landscaping and the conservation of existing natural features with minimum adverse Impact on the ecosystem. As used hereafter, "Project Objectives" shall mean the foregoing specified purposes. ARTICLE V. PERMITTED USES AND PERFORMANCE STANDARDS SECTION 5.01. Use. Unless as otherwisedeslgnated on the Master Plan for the Property, or unless otherwise speclfied In a Supplemental Declaration covering a particular Lot(s) or parcel(s), Lots shall be used only for residential purposes and such uses as are customarily Incidental thereto, Including, but not limited to, a home office provided that such Incidental use does not result In a conslstentincresse In traffic and demand for parking, and Common Area. As used herein and elsewhere In this Master Declaration,"realdendal" shall mean the use of the Improvements on a Lot or living accommodations by one (1) or more related or unrelated persons, Including guests of the principal occupant(s), which guests reside therein on a temporary basis. Notwithstanding the provisions of $67.6530 et seq., Idaho Code. as used In this Maser Declaration, "residential" Is not Intended, nor &hall the some be construed, to Include the use of Lot for the operation of a shelter home for persons unrelated to each other or unrelated to the Owner or Occupant SECTION 5.02. Buildings. Except as (I) otherwlsedesignatedon the MasterPlan for the Property,QQ otherwlsespecified for a particular tot, tract or parcel in a Supplemental Declaration, or (III) allowed by the zoning ordinance applicable to the Lot no Lot shall be Improved except with one (t) dwelling unlL Each dwelling unit shall have an attached or detached fully enclosed garage adequate or a minimum of two (2) and a maximum of three (3) standard size automobiles. The minimum square footage of living area within a dwelling unit located on a Lot shall as provided In the ACC Rules/ACC Standards. The square footage of living area shall be based on the finished Interior living space at or above the grade of the Lot exclusive of basement porches, patios and garage. SECTION 5.03. approval of Use and Plans. No Improvements shall be bulla eonstructed,ereeted, placed or materially altered within the Property unless and until the plans, specificadonsand site plan therefor have been reviewed In advance and approved by the ACC In accordancowlth the provlsionsof ArticlOA below. SECTION 5.04. Prohibited Bulldings/Uses. No trailer or other vehicle, tent shack or garage shall be used as a temporary or permanent residence. No noxious or offensive activities shall be conducted on any Lot nor shall anything be done thereon which may be or become an unreasonableannoyanceor nuisance to the Occupant(s) of the other Lots within the Property by reason of unsightllnessor the excessive emission of fumes, odors, glare, vibration, gases, radiation, dust liquid waste, smoke or noise. SECTION 5.05. Set -Backs. No building or other structure (exclusive of fences and similar structuresapproved by the ACC) shall be located on a Lot nearer to a Lot line than the distance permitted by (Q the ordinances of Ada County Or the City of Meridian, as the case may be, applicable to the Property except as may be modified by a Conditional Use Permit Issued by Ada County or the city of Meridian, as the as" may be, or PQ the ACC Rules/ACC Standards, whichever requires the greater distance. The ACC shall have the right to stagger the front setbacks of the lata In order to create a more pleasing appearance and to minimize the negative visual appearance of a uniform building line. SECTION 5.06. Antennae. No exterior radio antennae, television antennae or other antennae, Including a satellite dish, shall be erected or maintained on a Lot without the prior approval In writing by the ACC. SECTION 5.07. Easements. There Is hereby reserved for the use and benefit of the Grantor and granted for the use and benefit of each Lot and for the use and benefit of each Owner and Occupant, and for the use and benefit of the Association, and their successorsand assigns, for the purposes Incident to such use, development and maintenance of the Property, the following easements: MASTER DECLARATION - 4 (12/4/02) • 0 (a) Public Utilities. For the Installation and maintenance of public utility facilities of all kinds, Including radio and television and tranamissloncables, the easements so designated on the recorded Plat(s) for any portion of the Property. (b) Water. For water drainage, Irrigation, retention, recreation or amenity purposes. (c) Access to Common Areas. For the purpose of permitting the Grantor or the Association, their contractors and agents, to enter onto those portions of Lots contiguous to any Common Area to maintain, repair, replace and restore landscaping and other Improvements within the Common Area, Including, but not limited to, a sprinkler Irrigation system which may be Installed to Irrigate any landscaping located on a Common Area easement for landscaping as shown on the recorded Plat for the Subdivision. (d) Encroachment Reciprocal appurtenant easements of encroachment, not to exceed one foot (1), as between each lot and such pordon(s) of the Common Area adjacent thereto, or between adjacent Lots, due to the unintentionalplacoment or settling or shifting of the Improvements constructedtheroon, which easements of encroachment shall be valid so long as they exist and the rights and obligations of Owners shall not be altered In any way by said encroachments, settling or shifting; provided, however, that In no event shall a valid easement for encroachment occur due to the willful act or acts of an Owner. (e) Irrfaatlon Access Easement. The easement on Lot of Block _ for the well, pump and related equipment and facilities comprising the Irrlgadon system described In Article , below, and access thereto, as the same Is shown on the recorded Plat for the Subdivision. (f) Plat Any additional easements, If any, as shown and designated on, the recorded Plat for the Subdivision. The easement areas (excluding any equipment or appurtenencesowned by the Grantor,the Assoclationor a utility company located thereon) herein reserved shag be maintained by the Owner of the Lot upon which they are situated. No Improvements shall be placed or permitted to remain on such easement areas located within any Lot which shall interfere with the Intended use or purpose of such easement(s), and no other activity shall be undertaken on any Lot which may Interfere with the use and access Intended to be provided by such easement or the Installation or maintenance of the utilities or other facilities, If any, located thereon or therein. - - SECTION 5.05. Side -Yard Easements. The Grantor shall have the right at any time prior to the conveyance of fee title to a lot to an Owner to declare and create an easement, not to exceed tan feet (10) In width (hereafter "Side•Yard Easement) on, over, along and across any Lot (hereafter "Servient Lot) within the Subdivision, which Side -Yard Easement shall be adjacent to and along the whole of the side yard lot line that abuts an adjacent Lot (hereafter"Dominant Lot), which Side -Yard Easement shall, If so declared and created by the Grantor, except as expressly provided to the contrary hereafter, be for the sole and exclusive use of the Dominant Lot,roD vlded that there shall be only one (1) such Side -Yard Easement on each Servient Lot The location of the Side -Yard Easement on each Servient Lot, If not shown on the recorded subdivision plat for the Subdivision, If declared and created by the Grantor, shag be determined by the location of the Building on the Servient Lot and shall be located along the side lot line which Is nearest to the Building constructed by an Owner on such Owner's lot and shall terminate at the structure of the residential dwelling located on the Servient Lot If the Grantor declares and creates Side -Yard Easement on a Lot In accordance with this Section, the Grantor shall execute, acknowledge and record In the official records of Ada County, Idaho, a Declaration of Side -Yard Easement, which shall evidence the declaration and creation by the Grantor of the Side -Yard Easement and shall describe the location thereof upon the Servient Lot (a) Purpose of Side -Yard Easements. The purpose of the Side -Yard Easements, If declared and created by the Grantor pursuant to this Section, shag be to allow the Owner of the Dominant Lot the right to perpetually use and maintain, on an exclusive basis (except as expressly provided to the contrary hereafter), the area within the Slde-Yard Easement for any use or purpose for which the Dominant Lot may be used, subject to applicable setbacks as provided In the Master Declaration or required by the applicable ordinances of Ada County or the City of Meridian, u the case may be, as modified by any special or conditional use permit granted by Ada County or the City of Meridian, as the case may be, and relating to Paramount SubdMsion. (b) Easements Appurtenant If the Grantor declares and creates a Side -Yard Easement on a Lot, such Side -Yard Easement shall be on easement appurtenant to the Dominant Lot and cannot be separated from the Dominant Lot or transferredor assigned by the Owner of the Dominant Lot separate from the conveyance of fee title to the Dominant Lot A conveyance of fee title to the Dominant Lot shall constitute conveyance, transfer and assignment of all right, title and Interest in and to the Side -Yard Easement to the recipient of fee title to the Dominant Lot notwithstanding any provision In the MASTER DECLARATION - 5 (12/4/02) 0 r document($) of conveyance to the contrary or N such document(s) of conveyance is silent with respect to such Side -Yard Easement. (c) Covenants Running with Land - No Termination. Each Side -Yard Easement declared and created by the Grantor hereunder shall be a perpetual easement running with the land and shall Inure to the benefit of and be binding upon the Owner of the Servient Lot and the Dominant Lot and their respective successors and assigns Including, without limitation, all subsequent owners of either the Servient Lot and the Dominant Lot and all persons claiming under and through them. Each Side -Yard Easement declared and created by the Grantor shall not terminate by lapse of time, non-use or the lack of maintenance. (d) Right of Access by Servient Lot Notwithstanding the exclusive nature of the Side -Yard Easements as may be declared and created by the Grantor hereunder, the Owner or Occupant of the Servient Lot, and their employees, agents and contractors,shall have the right to enter upon the Side -Yard Easement [mated on the Servient Lot, If such entry Is necessaryfor the maintenance, repair or restorationof the Improvements located on the Servient Lot Any such entry by the Owner or Occupant of the Servient Lot, or their employees, agents or contractors, shall be at such time(3) and Intervals as shall minimize the inconveniemeof the Owner or Occupant of the Dominant Lot, and, when possible, shall be made after notice, written or oral, given to the Owner or Occupant of the Dominant Lot The Owner or Occupant of the Servient Lot shall be responsible for the repair of any damage to any property, Including landscaping, located on the Side -Yard Easement resulting from such entry, which repair shall be made promptly after such entry, but In no event more than ten (10) days thereafter. (e) Right to Mortuaae. The Owner of the Dominant Lot shall have the right to mortgage such Owner's rights with respect to a Side -Yard Easement which Is appurtenant to such Owner's Lot, N required by the mortgagee, and, In such event, the mortgagee of an Owner's Interest In the Side -Yard Easement shall have no obligation hereunder unless and until the mortgagee acquires the fee title to the mortgaged property. The mortgage by the Owner of a Servient Lot shall be subordinate to and Junior to the right of the Owner of the Dominant Lot In and to a Side -Yard Easement, It any, located on the Servlehd Lot (f) Acceptance and Succession. If a Side -Yard Easement In declared and created by the Grantor, each Owner of the ServientLot, and each succeaaorOwner of the Servient Lot, by the acceptanceof a dead to the Servient Lot, shall be deemed to agree fo, and to be bound by, the terms, conditions and covenants of this Section. The rights and obligations contained In this Section shall bind each Owner of a Lot within the Subdivision, the such Owner's Occupants, half*, personal representatives,successors and assigns. (g) Indemnification. From and after the date that the Grantor declares and creates a Side -Yard Easement an a Lot, the Owner of each Dominant Lot shall Indemnity, save and hold harmless the Owner of the Servient Lot, and such Owner's heirs, personal representff&es,sucmessorsand assigns, from and against any claim, liability, damage, judgment, cost or expense, of whatever kind or nature, Including attorneys fees, arising from or relating to the use by the Owner of the Dominant Lot of the Side -Yard Easement located on the Servient Lot - (h) Settlement of Disputes Concerning Slde-Yard Easements. In the evert of any dispute arising between the Owner of a Dominant Lot and the Owner of a Servient Lot concerning a Side -Yard Easement located on the Servient Lot, or a dispute between said Owner* Involving the Interpretationof this Article, the mater shall be submitted to the Board of the Assocladon,whlch shall act as a Board of Arbitration and shall proceed In accordance with the rules and procedures of the American Arbitration Association then In effect, and the decision of the majority of the members of the Board shall be binding on the respective Owners of the Servient Lot and the Dominant Lot SECTION 5.09. Ughtna. If required by the ACC, each Owner shall Install, and maintain In a operative condition such exterior lighting as shall be provided In the ACC Rules/ACC Standards. SECTION 5.10. Roof$. The type, phch and roof covering material($) which shall be required on Buildings within the Property shall be as set forth In the ACC Rules/ACC Standards. No gravel roofs shall be permitted. SECTION 5.11. Animals No animals, livestock, birds, Inaeob or poultry of any kind shall be raised, bred, or kept on any Lot, except that not more than two (2) domesticated dogs and/or uta, or other small household pets which do not unreasonably bother or constitute a nuisance to others may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Dogs and other similar pets shall be on a leash when not confined to an Owner's Lot SECTION TIAL Septic Tanks/Cesspools. No septic tanks and/or cesspools shall be allowed within the Property. MASTER DECLARATION - 6 (12/4/02) SECTION 5.13. Gradlno and Dreinace. Lot grading shall be kept to a minimum and Buildings are to be located for preservationof the existing grade(s) and any grade(s), berms or swales should be an Integral part of the grading design. Subject to the requirements of any governmental entity having jurisdiction thereof, water may drain or Now Into adjacent streets but shall not be allowed to drain or flow upon, across or under adjoining Lou or Common Area, unless an express written easement for such purpose exists. The Owner of a Lot which drains upon, across or under an adjoining Lot(s) or Common Area shall be liable for any damage caused thereby and shall promptly take all action and make all modifications necessaryto correct such non-permided drainage. SECTION 5.14. Commercial Use Prohibited. Unless otherwise shown on the Master Plan for the Property and speclflcallypermlited In a Supplemental Declaradon,no Lot shall be used at any time for commercial or buslnessactivlty, provided, however, that the Grantor or persons authorized by the Grantor may use a Lot(s) for development and sales activities relating to the Property, model fomes or real estate sales. As used herein, "commercial or business activity" shall not Include the use of a Lot for an Incidental use as described In Section 5.01, above, or the rental by an Owner of a Lot and the Improvements thereon for residential purposes. The use of a Lot for a shelter home, as the same Is defined In 457.6530 et seq., Idaho Codes whether or not operated for proff% shall, for the purposes of this Master Declaration, be a commercial or business use. SECTION 5.15. Maintenance. The following provisions shall govern the maintenance of Lou and all Improvements thereon: (a) Each Owner of a Lot shall maintain all Improvements located thereon In good and sufficient repair and shall keep the Improvements thereon painted or stained, lawns cul, shrubbery trimmed, windows glazed, rubbish and debris removed, weeds cut and otherwise maintain the same In a neat and aesthetically pleasing condition. (b) Each Owner of a Lot shag maintain the landscaping planted and Installed by the Owner In the landscape strip located between the street curb and the sidewalk adjacent to the Owner's Lot (hereafter "Street Landscape Strlpl, and, where the same exists, the landscape strip between the rear lot line of the Owner's Lot and the paved alley (hereafter'Alley Landscape Strlpl, as required by Sections 525 and 5.31 of this Declaration, said landscaping to be maintained in a condition comparable to the condition of the landscaping on the Owner's Lot (c) AN damage to any Improvements shell be repaired as promptly as Is reasonably possible. (d) A Building which Is vacant for any reason shall be kept locked and the windows glazed M order to prevent entrance by vandals. Vacmd Buildings and unimproved Lots shall not be exempt from the provlslonsof this Master Declaration. (e) All structures,facllides, equipment, objects and conditions determined by the ACC, In Its sole discretion, to be offensive, shall be enclosed within an approved structure or appropriately screened from public view. All trash, debris, garbage and refuse shall be kept at all times In a covered container and all such containers shall be kept on a Lot within an enclosed structure or swooned from public view. (f) No articles, goods, machinery, materlals or similar Nems shall be stored, kept or maintained on a Lot In the required setback area along a public or private right-of-way or otherwise kept In the open or exposed to public view. (g) Any event or condition on a Lot or adjacent to a Lot If under the control of the Owner, which, In the sole discretion of the ACC, creates an unsightly or blighting Influence, shall be corrected, removed or obstructed from public view, as the case may be, by the Owner of the Lot, notwithstanding the fact that such event or condition may not be specifically described and/or prohibited In this Master Declaration. N such event or condition Is not promptly corrected by the Owner, the Associatlonshafl have the right to correct the same pursuant to subsection (h), below. (h) In the event that any Owner shall permit any Improvement, Including any landscaping, which is the responsibility of such Owner to maintain, to fail Into disrepair so as to create a dangerous, unsafe, unsightly or unattractivecondition, the Board, upon fifteen (15) days prior written notice to the Owner of such Lot, shall have the right to correct such condition, and to enter upon said Lot and Into any building or structurethereon, N necessary, for the purpose of correcting or repairing the same, and such Owner shall promptly reimburse the Association for the cost thereof. The Owner of the offending Lot shall be personally liable, and such Owner's Lot may be subject to a mechanic's lien for all costs and expenses incurred by the Assoclatlonin taking such correotivaaction, plus all costs Incurred in collecting the amounts due. Each Owner shall pay all amounts due for such work within ten (10) days affix receipt of written demand therefor, or the amounts may, at the option of the Board, be levied as a Unified Assessmentagalnst mid Lot and shall be enforceableln the same manner as set forth In Article X of this Master Declaration. MASTER DECLARATION - 7 (12/4/02) SECTION 5.16. Mining and Drilling, No Lot shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing water, steam, oil, gas or other hydrocarbons, minerals, rocks, stones, gravel or earth; provided that the Grantor or the Asaoclationmay, by permit, grant, license or easement, allow the drilling for and the extraction of water for use on the Lot SECTION 5.17. Boats. Campers and Other Vehicles. Trailers, mobile homes, trucks larger than standar"zepickups, boats, tractors, campers, garden or maintenance equipment and vehicles other than automobiles (hereafter"Vehicles and Equipment'), when not In actual use, shall be kept at all times In an enclosed structureand, except for a temporary period not to exceed twenty- four (24) hours, at no time shall any such Vehicles or Equipment be parked or stored on a Lot In public view or on a public or private rightof-waywithin the Properly. No operative automobile (which, as used herein shall Include a standard or smaller pickup) shall be parked or stored for a period In excess of seventy-two (72) consecutive hours on any portion of a Lot between the front of a Building and the abutting public right-of-way. No Inoperative automobile shall be parked or stored at any time on a Lot unless wholly within an enclosed structure. A minimum of two (2) off -sliest parking spaces for automobiles shall be provided on each Lot The primary purpose of the garage required on each Lot Is for the parking and storage of automobiles. No other use of a garage which prohibits or limits the use of a garage for the parking or storage of the number of automobiles for which it Is designed shall be permitted. The Owner shall provide sufficient garage space or other enclosed parking approved by the ACC for all automobiles used by the Occupants of a Lot, which automobiles shall be kept within the garage, and the parking thereof In the driveway on the Lot or In a public rlghtof-way within the Subdivision, other than for temporary purposes (as determined by the ACC), is prohibited. SECTION 5.18. Garage Doors. Garage doors shall be closed except when open for a temporary purpose. SECTION 5.19. Exterior Materials and Colors. All exterior materials and colors shall be selected and used which are approved by the ACC and which are compatible with other Buildings on the Lot and on neighboring Lots to the end that all such Buildings will present a unified and coordinated appearance. All exterior finishes and/or colors shall be approved by the ACC and shall be In accordance with the ACC Rules/ACC Standards. SECTION 5.20. Vehicles. The use of all vehicles, Including but not limited to automobiles, trucks, bicycles and motorcycles, shall be subject to ACC Rules/ACCStandards, which may prohibitor limit the use thereof within the Property, provide parking regulations and other rules regulating the same. SECTION 5.21. Exterior Enemy Devices. No energy production device Including, but not limited to, generators of any kind and solar energy devices, shall be constructedor maintained at any Lot without the prior written approval of the ACC, except for heat pumps or similar appliances shown on the plans approved by the ACC. SECTION 5.22. Mailboxes. No free-standing mailbox shall be constructed or Installed on any La without the prior written approval of the pians therefor by the ACC. SECTION 523. Signs. No commercial billboard or advertising shall be displayed to the public New on or from any Lot. Owners may advertise a dwelling unit and Lot for rent or for sale by displaying a single, neat, reasonably sized vacancy sign or 'For Safe" sign thereon. Signs advertising the name of the builder and the name of the Institution providing financing therefor may be displayed on a La during construction of the Improvements. Ughted, moving or flashing signs for any purposes are prohibited. Directional signs may be used to give directions to traffic or pedestrians or give special Instructions. Any directional or Identification sign within the Property shall be permitted, provided the same Is approved by the ACC prior to Installation. Notwithstandingthe foregoing, the ACC shall have the right to adopt ACC Rules/ACCStandards with respect to signs allowed within the Subdivision, which ACC Rules/ACC Standards, If adopted, shall regulate signs within the Subdivision and shall control over the specific provisions of this Section. SECTION 5.24. Subdividing. No Lot may be further subdivided, nor may any easement or other Interest therein less than the whole be conveyed by the Owner thereof without the prior written consent of the ACC; provided, however, that nothing herein shall be deemed to prevent an Owner from transferringor selling any Lot to more than one person to be held by them as tenants In common, joint tenants, tenants by the entirety, or as community property, or require the approval of the ACC therefor. In addition, the conveyance of an Inslgnlficantportion(s) of a Lot to the Owner of the Lot which abuts said conveyed portion for the purpose of correcting a common boundary or other similar purpose, shall not be deemed to be a -subdividing of a Lot within the prohibition contained herein. SECTION 525. Fences. No fence or wall of any kind shall be construetedon a Lot unless the plans and specifications therefor, Including the location, design, material and color thereof, have been approved In writing by the ACC prior to the construction or Installation. The type, design, material and finish of all privacy fences shall be as specified In the ACC Rules/ACC Standards, it being the Intent of the Grantor that all such privacy fencing shall present, to the extent reasonably practicable, a uniform appearance throughout the Property. All fences and/or walls constructed on a Lot shall be In compliance with the ordinances of Ada County or the City of Meridian, as the case may be, applicable to the Property. In addition to the requlrementsof the ACC Rules/ACC Standards applicable to fences, fencing, all fences and walls shall be subject to the following restrictions: MASTER DECLARATION - 8 (12/4/02) (a) No fence or wall shall be permitted to be constructed or Installed on the Common Area or any portion of a berm constructed by the Grantor within the Properly; provided, that If the Grantor constructs or Installs a fence In a Common Area or on a berm, the ACC may allow fences on the adjacent Lot(s) to be attached thereto so long as such attachment does not m Impede the maintenance, repair or replacement of the Common Area or berm, (11) alter the visual theme established by the fence constructedor Installed by the Grantor, and (IIQ does not project above the top of the fence constructed or Installed by the Grantor. (b) Fences and walls shall not extend closer to any street than twenty feet (201 nor project beyond the setback of the principal Building on the Lot No fence higher than six feet (5') shall be allowed without the prior approval of Ada County or the City of Meridian, as the case may be, applicable to the Property (If required) and the ACC. (c) All fences and walk shall be constructed and Installed and maintained In good appearance and condition at the expense of the Owner of the Lot on which they are located and all damaged fencing and walls shall be repaired or replaced to original design, materials and color within a reasonable time atter said damage occurs. (d) No fence or wall shag Intererewith the use and enjoyment of any easement reserved In this Master Declaration or shown on the recorded Plat(s) of the Property. (e) No fence, wall, hedge, high planting, obstruction or border shall be allowed If, because of the design, material, color, nature, qualities or characterlstcat hereof, the same would have a noxious or nuisance effect upon neighboring Lots as determined by the ACC. it Is not the Intent of this subsection (e) to create a view easement on or across any Lot (°Affected Lot") In favor of any Lot which Is adjacent to or In the vicinity of the Affected Lot SECTION 525. Landscepea. The following provisions shall govern the landscaping of Lots within the Property, (a) The Owner shall prepare a landscape plan and shall submit the same to the ACC as provided In Article %I, below. The ACC shall approve said landscape plan prior to the Installation and/or construction of landscaping on a Lot The use of berms and sculptures planting areas Is encouraged Landscaping of a Lot shall be In accordance with the approved plan. (b) Each Owner shall be required to landscape the Street Landscape Strip (as defined In Section 5.15(b), above), and, where the same exists, the Alley Landscape Strip (as defined In Section 5.15(b), above), which landscaping shag be Included In the landscape plan to be submitted to and approved by the ACC. Notwithstanding the foregoing, the ACC shall have the right, If deemed necessary by the ACC to assure uniformity In and/or compatibility of the landscaping within the Street Landscape Strip and the Ailey Landscape Strip, to adopt ACC Rules/ACC Standards which shall specify the nature, type, extent and design of the landscaping therein, and, If so adopted, the ACC Rules/ACC Standards shall be binding upon the Owners. (c) All required landscaping on a Lot shall be Installed within thirty (90) days after substantial completion of the Building on the Lot, with a reasonable extension allowed for weather. (d) The ACC Rules/ACC Standards shall set forth the Initial minimum landscaping required on each Lot SECTION 5.27. Irrlaation Water. There shall be located within the Property a pressurized Irrigation system ("Irrigation System") which serves each Lot, which Irrigation System shall be maintained by the Association. The water source for the Irrigation System Is The Association shall adopt rules and regulations concerning the operation of the Irrigation System ("Irrigation Rules'), including, but not limited to, the allocation of water to each Lot, the time(s) of delivery and/or diversion of Irrigation water to each Lot, and the Penalties for violation of the Irrigation Rules, which may Include the termination of delivery to a Lot following violation. The Irrigation Rules shall be binding upon each Owner and Occupant The costs and expenses of the Irrigation System shall be Included within the Assessmentslevled by the Asaoclationunder Article IX of this Declaration. SECTION 5.25. Adoption of ACC Rules/ACC Standards. The Grantor, or In the went of the Grantor's failure to do so, the ACC, shall have the power to promulgate ACC Rules/ACC Standards relating to the penning, construction, alteration, modification, removal or destructionof Improvementswithln the Propertydeemed necessaryor desirable by the Grantor, or the ACC, as the case may be, to carry out the purposes of this Master Declaration. All ACC Rules/ACC Standards shall be conalstentwith the provlslonsof this Master Declaration. SECTION 5.29. Exemption of Grantor. Nothing herein contained shall limit the right of the Grantor to subdivide or re -subdivide any Lot or portion of the Property or to grant licenses, reservations, rights-of-way or easements with respect to the Common Area to utility companies, public agencies or others; or to complete excavation, grading and development to or on any MASTER DECLARATION - 9 (12/4/02) Lot or other portion of the Properly owned or controlled by the Grantor, or to alter the foregoing and Its Development plans and designs, or construct additional Improvements as the Grantor deems advisable In the course of Development of the Property. This Master Declaration shall not limit the right of the Grantor at any time prior to acquisition of title to a Lot by an Owner to establish on that Lot additional licenses, restrictions, reservations,rightsol-wayand easements to itself, to utility companies and to others, as may from time to time be reasonably necessary. The Grantor need not seek or obtain ACC approval of any Improvements constructed or placed within the Properly by the Grantor In connection with the Development of the Property, butthis exemption shall not apply to a Bullding(s) constructed by the Grantor on a Lot owned by the Grantor. The Grantor shall be entitled to the non-exclualve use, without charge, of any Common Area within the Property In connection with the marketing of the Lots therein. In addition, the Grantor shall have the rlgh% In connection with the marketing of the Lots, to Install, place, display and exhibit such signs, banners and other similar items on the Common Areas on and the Lot(*) owned by the Grantor for such a period of time as Is reasonably deemed by the Grantor to be necessary. ARTICLE tn. PARAMOUNT OWNERS ASSOCIATION, INC. SECTION 6.01. Organization of Association. Paramount Owners Association, Inc. shall be organized by the Grantor as an Idaho non-progtcorporation and shall be charged with the duties and vested with the powers prescribed by law and set forth In Its Articlesof Inoorporation,fts By -Laws and this Master Declaration. Neither said Articles nor said By -Laws shall, for any reason, be amended or otherwise changed or Interpreted so as to be Inoonslatentwlth this Master Declaration. SECTION 6.02. Sub-Associationfsl. Until completion of the Development, the Grantor shall have the sole and absolute right to create one or more Sub-Assoclationsfor purposes not Inconslatentwith this Master Declaration Including, but not limited to, the following which shall be provided for In a Supplemental Declaration: (a) Acquire and Improve any Lot, tract, parcel or portion of the Subdivision. (b) Promulgate rules and regulations governing Common Area owned by or under the control of the Sub -Association., (c) Determine the services, In addition to those furnished by the Association, which are to be furnished to or for the benefit of the Members of the Sub-IWoclatlon. (d) Assess and certify to the Association for collection the Regular, Special and Limited Assessments required to most the estimated cash needs of the Sub-Assocladon. The Ardolesof Incorporation,By-Laws, rules, regulatlonsand the Supplemental Declaration relating to a Sub-Assoclationshall not be Inconslsterdwlth the terms and provlslonsof this Master Declaration and any Inconsistencyshall be governed by this Master Declaration. Unless earlier consented to In writing by the Grantor, after completion of Development of the Subdivision, Sub-Assoclationsmay be formed by any Owner or group of Owners with the approval of the Board and by satisfying all necessary legal requirements Including, but not limited to, the preparation, execution and recording of a Supplemental Declaration. Except as provided to the contrary In this Master Declaration or unless specifically provided lo the contrary In the Supplemental Declaration relating to a Sub-Assoclation,the provisions of this Article shall be applicable to and shall regulate each Sub-Assoclation. SECTION 0.09. Relationship Between Association and Sub-Assoelationa. it Is the purpose and Intent of the provisions of this Master Declaration that the Association shall be charged with and responsible for the management of all activities In the Subdivision including, In addition to all other duties and responslbllttiesset forth herein, the following: (a) The approval of all rules and regulations of each Sub-Assoclatkar and providing of assistance to a Sub-Assoclationin the enforcement thereof; and (b) The levy and collection of Assessmentsof each Sub-Assoelatlonwhich have been certified by the Sub-AssoclallonBoard to the Association. Nothing herein contained shall resirlotor prohibit a Sub-Assoclatlonhom owning, M its own name, Common Area or other property related thereto, the use of which shall be restricted to Members of that Sub -Association. However, it Is the Intent of this Master Declaration that any such Common Area owned by a Sub-Assocladon,the use and maintenance thereof and the activities of the Sub-Assoclatlon,shall be consistentwlth and M furtherance of the Project Objectives and the terms and provisions of this Master Declaration to assure that the whole of the Subdivision is developed and approved as a quality residential community. SECTION 3.04. Members. Each Owner (Including the Grantor) 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 Assoclatlonand no Owner shall have more than one membership In the Assoclation,but shall have such voting rights as hereafterset forth. A membership in the Associationshall not be assignable, except to the successor-in-Interesbf the Owner and a membership In the Assoclationshall be appurtanantlo and Inseparablefrom MASTER DECLARATION - 10 (12/4/02) 0 • the Lot owned by such Owner. A membership in the Assoclatlonshall 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 this to said Lot Any attempt to make a prohibited transfer of a membership shall be void and shall not be reflected on the books of the Association. SECTION 6.05. Votina. The Association (and each Sub-Assoclation)shall have two (2) classes of voting membership: CLASS A. Class A Members shall be all Owners of Lots within the Property, with the exception of the Grantor, and shall be ondlled to one (1) vote for each tet owned. CLASS B. Class B Members shall be the Grantor, and Its successor(s)ln this to a Lot(s), which Lots(s) Is held by such succesaorin an unimproved condition (I.e., without a residential dwelling thereon) for resale to a builder or other person for the purpose of constructingthereon a resldentlaldwelling, and to which successorthe Grantor has specifically granted such Class B voting rights In writing; provided, that If such voting rights are not so granted, such successor shall be entitled to the voting rights of a Class A Member with respect to each Lot owhed. Upon the first sale of a Lot to an Owner, the Grantor shall thereupon be entitled to five (5) votes for each Lot owned by the Grantor. The Class B membership shall cease and be converted to Class A membership when (Q the total votes outstanding In the Class A membership exceeds the total votes outstanding In the Class B membership, or (I1) January 1, 2018, whichever shall first occur. As used In this Master Declaration, the cumulative total of Class A votes and the Class B votes shall mean the total of all votes to which the Class A Members and the Class B Members aro enthied, as provided above. SECTION 6.06. Board of Directors and Officers. 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. SECTION 6.07. Powers of Association. The Association shall have all powers of a non-profit corporation organized under the laws of the State of Idaho subject only to such limitations as are expressly set forth In the Articles, the By -Laws or this Master Declaration. B shall have the power to do any and all lawful things which may be authorized, required or permitted to be done under the Articles, By -Laws or this Master Declaration, and to do and perform any and all acts which may be necessary or proper for, or Incident to, the proper management and operation of the Common Area and the performance of the duties of the Association and other responslbllhiesset fortis In this Master Declaration, Including, but not limited to, the following: (a) Assessments. The power to determine the amount of and to levy Regular, Special and Limited Assessments on the Owners and/or Lou and to enforas payment thereof In accordance with the provisions of this Master Declaration. (b) Right of Enforcement. The power and authority from time to time In Its own name, on Its own behalf, or on behalf of any Owner(s) who consent thereto, to commence and maintain actions and suis to restrain and enjoin any breach or threatened breach of the Articles, BrLaws, Master Declarationor ACC Rules/ACC Standards, and to enforce by mandatory Injunction or otherwise, all provisions thereof. (c) Defecation of Powers. The authority to delegate he power and duties to committees, officers, employees, or to any person; firm or corporationto act as manager, and to pay to such manager such compensation as shall be reasonable. (d) Liability of Board Members and O ficem Neither any member of the Board nor any officers of the Association shall be personally liable to any Owner, or to any other party, for any damage, lou or prejudice suffered or claimed on account of any act or omisslon of the Association, the Board, its officer, a manager or any other representativeor employee of the Assoclation,or the ACC, provided that said Board Member, officer, manager or other person has, upon the basis of such information as was available, acted In good faith without willful or Intentional misconduct _ (e) Association Rules. The power to adopt, amend, and repeal such rules and regulations as the Assoelatloadeems reasonable. Such rules shall govern the use by (Tenors and Occupants or any other person of Common Area and other property owned or controlled by the Assoclation;provlded, however, Association rules shall not discriminate among Owners and shall not be Inoonalstentwith the Articles, By -Laws or this Master Declaration. A copy of Assoelationrules as they may from time to time be adopted, amended or repealed, shall be malled or otherwise delivered to each Owner and Occupant. Upon such mailings said Assoclationrules shall have the same force and effect as N they were set forth In and were part of this Master Declaration. In the event of any conflict between an Association rule or any provision of the Articles, By-laws or this Master Declaration, the conflicting provisions of the Association rules shag be deemed superseded to the extent of any such Inconsistency. M Emergency Powers. The Assoclation,or any person authorized by the Assoclation,may enter onto any Lot or Into any Building or other structure on a Lot in the event of any emergency Involving Illness or MASTER DECLARATION - 11 (12/4/02) potential danger to life or property or when necessary In connection with any maintenance or constructlonfor which It Is responsible. Such entry shall be made with as little Inconvenienceto the Occupants as practicable and any damage caused thereby shall be repaired by the Association unless said entry was necessitated by a condition caused by the Owner or Occupant. (g) Licenses. Easements and Rlehts-of-Way. The power to grant and convey to any third party such licenses, easements, rights-of-way or fee title In, on, through, under or of the Common Area as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment thereof and for the preservation of health, safety, convenience and welfare of the Owners, for the purpose of constructing, erecting, operating or maintaining: m Underground Innes, cables, wires, conduits and other devices for the transmisslonof any utility or other service. (11) Public sewers, storm drains, water drains and pipes, water systems, sprinkling systems, water, heating and gas Innes or pipes. 010 Any similar public or quasi -public Improvements or facilities. (h) Fiscal Year. The Board shall have the right to elect a fiscal year for the Association Instead of a calendar year for budget, Assessmerdand accounting purposes. SECTION 6.06. Duties of Association. In addition to the powers delegated to It by the Articles, By -Laws and this Master Declaration, without limiting the generalitythersof, the Associationor its authorized agents, 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) Operation and Maintenance of Common Area. Perform, or provide for the performance of, the operation, maintenance and management of the Common Area and landscape easement areas, ff any, owned or controlled by the Association, Including the repair and replacement of property or Improvementstherson damaged or destroyed by casualty lose, the maintenance, repair and replacement of any facilities, if any, Installed by the Grantor and/or an Irrigation district for the delivery of Irrigation water to the Lots, and the maintenance, management, repair or replacement all other property owned or controlled by the Association. (b) Operation and Maintenance Reaulrements for Storm Water Retention Facilities Perform, or provide for the performance of, the operation and maintenance of storm water retention facilities In accordance with the requirements of the Operation and Maintenance Manual for Light Maintenance of the Storm Water Retention Facilities for Paramount Subdivision dated ,200 filed by the Grantor with Ada County Highway District, as the same now exists or may hereafter be amended or supplemented. (c) Taxes and Assessments. Pay all real and personal property taxes and assessmentslevled against the Common Area owned or controlled 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 the disposition of any property to satisfy the payment of such taxes. In addition, the Associationshall pay all other taxes, federal, state or local, Including Income or corporate taxes, levied against the Association In the event that the Association Is denied the status of a tax exempt corporation. (d) Utilities Acquire, provide and/or pay for water, sewer, refuse collection, electrical, telephone, gas and other necessary services for the Common Area owned or controlled by the Association. (e) Insurance. Obtain, from reputable Insurance companies authorized to do business in the Sante of Idaho and maintain In effect the following policies of Insurance: (I) Fire Insurance, Including those risks embraced by coverage of the type now known as the broad form "All RIW or special extended coverage endoreementon a blanket agreement amount basis for the full Insurable replacement value of all Improvements, equipment, fixtures and other property located within the Common Arca owned or controlled by the Association, Including such equipment, fixtures and other property not located In the Common Area, R the some are used or necessary for the use of the Common Area or easement areas under the control of the Association. 00 Comprehensive public liability Insurance Insuring the Assoclation,tte Board, officers, the Grantor and the Indhddual Owners and agents and employees of each of the MASTER DECLARATION - 12 (12/4/0 • foregoing against any liability incident to the ownership and/or use of the Common Area owned by the Association or easement areas under the control of the Association. The limits of liability of such coverage shall be as determined by the Board of Directors. (III) If elected by the Board, fug coverage directors and officers liability Insurance In an amount determined by the Board. (W) Such other Insurance, Including workmen'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 necessaryor required to carry out the Association's functions or to Insure the Association against any loss from malfeasance or dishonesty of any person charged with the management or possession of any Association funds or other property. (y) The Association shall be deemed a trustee of the Interests of all Owners In any Insurance proceeds paid to If under such policies, and shall have full power to receive their Interests In such proceeds and to deal therewith. (vQ Insurance premiums for the above Insurance coverage shag be deemed a common expense to be Included In the Regular Assessmentslevled by the Association. (vIQ Notwithstanding any other provision herein to the contra rX, the Association shall continuously maintain In effect such casualty, liability and other Insurance and a fidelity bond meeting the Insurance and fidelity bond requirements for PUD projects established by Federal National Mortgage Association ('FNMA'), the Government National Mortgage Association ("GNMA') and the Federal Home Loan Mortgage Corporation ('FHLMCI, so long as any of which Is a Mortgagee or Owner of a Lot within the Property, except to the extent such. coverage Is not available or has been waived In writing by FNMA, GNMA or FHLMC, as applicable. (Q Administration Fees - Costs. Pay to the Grantor, so long as the Grantor manages the Association, all actual out-of-pocket costs paid or Incurred by the Grantor In the management and administration of the affairs of the Assoclationplus an adminlstrativefee equal to ten percent (10.0%) of the total Income received by the Association, which administrative fee shall be compensation to the Grantor for the services provided to the Association. (g) Identification Slane. Maintain, repair and replace all permanent entry and special• Identification signs for the Property, whether the same be located within or without the boundaries of the Property. (h) Irrigation System. Maintain, repair or replace all or any portion of the Irrigation System. IN Rule Making. Make, establish, promulgate, amend and repeal Association rules. (� Architectural Control Commfltee. Appoint and remove members of the ArohhegturalControl Committee, all subject to the provisions of this Master Declaration. (k) Enforcement of Restrictions and Rulae. Perform such other acts, whether or no expreaslyauthorized by this Master Declaration, as may be reasonably necessary to enforce any of the provisions of this Master Declaration and the Association rules. SECTION 6.09. Budcets and Financial Statements. Financial statements for the Assoclationshall be regularly prepared and copies distributed to each Member as follows: (a) A pro forma operating statement (budget) for each fiscal year shall be distributed not less than thirty (30) days after the beginning of each fiscal year. (b) Wlthln ninety (90) days after the dose of each fiscal year, the Association, or Its agent, shall cause to be prepared and delivered to each Owner, a balance sheet as of the last day of the Assoclafion'sfiscal year and an annual operating statement reflecting the Income and expenditures of the Association for that fiscal year. MASTER DECLARATION - 13 (12/4/02) 0 ARTICLE VII. ASSOCIATION PROPERTIES SECTION 7.01. ILSO. Each Owner of a Lot, his family, licensees, Invitees, lessees and contract purchaserawho reside on the Lot, shall be entitled to use the Assodatlon properties and the properties of any Sub-Associatlonof which the Owner Is a Member, subject to the following: (a) Articles. Etc. The provisions of the Articles and By -Laws of the Association and any Sub -Association applicable to the Lot, this Master Declaration and applicable Supplemental Declaration and the rules, regulations and standards promulgated thereunder. Each Owner, In using the Association or Sub-Assoclationpropertles, shall comply with the same. (b) Suspension of Rights. The right of the Association or Sub-Assodatlonto suspend the rights to use properties owned by it (except roads and other means of sees** by an Owner) for any period during which any Assessmerdagalnstthat Owner's Lot remains unpaid; and for any Infraadonor published rules and regulationsof the Assoclatlonor Sub-Asscolatlon. (c) Dedications. The right of the Associationor Sub-AssoclaBonto dedicate or transfer all or any part of properties owned by R to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed by the Board, so long as said transfer does not diminish the security of the Mortgagees on any Lot or Common Area In the Subdivision. (d) Conveyance of Common Area. Except as provided In subsection (c), above, no portion of the Common Area shall be conveyed by the Association unless the Board of Directors of the Association determines that such conveyance Is in the best Interests of the Subdivision, which determination shall be made following a regular or special meeting of the Members of the Association at which meeting the proposed conveyance Is presented by the Board of Dlrectorsand the Members have the opportunity to present testimony In support of or against such proposed conveyance. (e) Mortgage of Common Area. No portion of the Common Area shall be mortgaged by the Association without the prior approval of at least two-thirds (2/3rds) of the Class A Members, which approval may be obtained In writing or by a vote of the Class A Members at a meeting called for such purpose and, with respect to such meeting, the provlsionsconcerning notice and quorum M Section 8.11, below, shall apply. SECTION 7.02. Damages. An Owner shall be liable for any damages to the Common Area which may be sustained by reason of the negligence, reckless or Intentional misconduct of said Owner or of his family, licensees, Invitees, lasso" or contract purchasers, both minor and adult In the case of joint ownership of a Lot, the liability of such Owners shall be joint and several. The cost of correcting such damage shall be as a Limited Assessmentagalnst that Owner's Lot and may be collected as provided In Article K below. SECTION 7.03. Damage and Destruction. In the case of damage by ere or other casualty to property owned by the Associatlonor any Sub-Assocletion,lnsuranceproceeds to compensate for damage and destruction shall be paid to the Association or the Sub-Assoclatlon,as the case may be, and the recipient thereof shall thereafter determine what repair or reconstructionshall be undertaken. SECTION 7.04. Condemnation. Nat any time any partof a Common Area or other property owned by the Association or any Sub-Aseochdbn be taken or condemned by any public entity or sold or otherwise disposed of In Ileu thereof, all compensation, damages or other proceeds shall be paid to the Association or the Sub-Assoclatlon,whtchever entity owns said property. The recipient of said payment shall then use all or a portion of the funds to pay obligations *soured by any lien on the property taken and thereafter may determine to use the funds to Q) Improve other properties of the Association or Sub-Associatlon;(IQ acquire and/or Improve additional properties for the Assoclatlonor Sub-Assoclatlon;or (sit) use such proceeds to reduce future assessments. ARTICLE VIII. MAINTENANCE OF IRRIGATION SYSTEM SECTION 6A1. Ownership/Control of Irritation System. N Is acknowledged that a pressurized Irrigation system Is to be constructed by the Grantor to serve each Lot within the Subdivision. At a date not Inter than the date that a Lot within the Subdivision Is Improved with a dwelling unit and occupied, the Grantor shall convey and transfer, or cause to be conveyed and transferred, to the Association all easements, equipment and facilities which comprise the Irrigation System. SECTION 8.02. Duty to Maintain Irrigation System. The Aesoclatlonshall be responsible for maintaining, repairing, servicing and replacing, If necessary, the Irrigation System which shall serve the Lots within the Subdivision. MASTER DECLARATION - 14 (12/4/02) SECTION 0.03. Liability for Damage. In the event that any maintenance, repair or replacement of all or any portion of the Irrigation System Is performed by the Association as a result of the negligent or willful act of an Owner or Occupant, or an Owner's or Occupant's finally, guests or Invitees, the cost of such maintenance, repair or replacement shall be reimbursed by the Owner or the Occupant to the Association and/or the Association may assess the cost of the same against the Lot owned or occupied by said the Owner or Occupant, as the ease may be, as a Limited Assessment, as provided In this Declaration. SECTION 5.00. Cost of Maintenance. Repairs. Replacement and Insurance. The cost of the maintenance, repairs, replacement and Insurance of the Irrigation System and the continuing operational expenses, If any, Including taxes, shall be paid by the Association from the funds of the Association obtained by Regular or Special Assessments against the Lots within the Subdivision. Such costs and expenses (hereafter"cost and expenses") shall be apportioned among the Lots within the Subdivision on an equal basis. In the event the Association does not have adequate funds to pay the cost and expenses deemed by the Association to be required, the deficiency shall be assessed to each Lot on an equal basis, as a Special Assessment The decision as to what costs and expenses are required with respect to the Irrigation System and the timing of the payment thereof shall rest solely with the Board. SECTION 8.05. Easement for Maintenance. There Is hereby reserved to the Association, Its contractors and agents, an easement to enter upon the Lots within the Subdivision for the purpose of accomplishing all maintenance, repair and replacement rights and duties with respect to the Irrigation System as set forth In this Article. SECTION 8.06. Reserves. The Association shall have the right to establish a reserve account for the payment of the costs and expenses as set forth herein with regard to the maintenance, repair, replacement and Insurance of the Irrigation System and for the purpose of funding the same, the Board shall have the right to assess each Lot an amount to be Included In a Regular or Special Assessment The amount of sold Regular or Special Assessment so determined for the purpose of funding the maintenance, repair and replacement reserve account shall be determined by the Board. The Board shall have the right to place all funds collected for the maintenance, repair, replacement and Insurance reserve account in an Interest-bearingaccount In an appropriate financial Institution. ' ARTICLE IX. ASSESSMENTS SECTION 9.01. Covenant to Pay Assessments. Each Owner hereby, and by acceptance of a deed to a Lot, covenants and agrees to pay when due all Regular, Special and Llmhed Ansessmentsor charges made by the Assxlationor a Sub -Association of which the Owner Is a Member. All such Assessmente,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 Ilen upon the Lot against which each such Assessment Is made, and shall be also the personal obligation of the Owner of such Lot at the time when the Assessment become due and payable. The personal obligation for delinquent Assessments shall not pass to an Owner's successorsin title unless expressly assumed by them. No Owner may waive or otherwise avoid liability for any Assessment by non-use of the Common Area or by abandonment of his LoL SECTION 9AZ Regular Assessments. Regular Assessmentashall be made by the Association in such amounts and at times and Intervalsdeemed approprlateby the Board. The Regular Assessmantsshall be based upon advance estimates of cash requirements as determined by the Board for the maintenance and operation of the Common Area and all easement areas, If any, owned or controlled by the Association and for the performance by the Assccletionof Its other duties and responsibilities. Such estimates may Include, but shall not be limited to, expenses of management, taxes and special assessmerdsof local governmental units, premiums for all Insurance which the Association Is required or permitted to maintain hereunder, landscaping and care of grounds, lighting, water charges, trash collection, sewerage charges, repair and maintenance, legal and accounting teas, and any deficit remaining from previous periods and the creation of a reserve, surplus and/or sinking fund(s). The Initial annual Regular Assessment shall be the amount of $ AOper Lot, until changed by the Board. SECTION 9.03. Special Assessments. In addition to Regular Assessments, the Association may levy at any time a Special Assessment payable over such period as the Board may deem appropriate for the following purposes: (a) To defray, In whole or In part, the cost of any construction or reccnstructionof Improvements on a Common Area, unexpected repair or replacement of a Common Area or any facility located thereon or an easement area controlled by the Association, the furnishing of a special service or services (other than those appropriate for a Limited Assessment),or for any other expenses Incurred or to be Incurred as provided In this Master Declaration. (b) To cure a deficit In the common and ordinary expenses of the Association for which Regular Assessmentsfor a given calendar or fiscal year are or will be Inadequate to pay, as determined by the Board. MASTER DECLARATION - 15 (12/4/02) ' 0 0 At the closing of the sale of each Lot by the Grantor, a special assessment of $250.00 shall be collected from the purchaser of the Lot as payment to the Assoclationfor the set-up costa and the maintenance of the Common Area and landscape easements to be maintained by the Assoelatlon. Upon the transfer of ownership of a Lot by an Owner to a third party, a transfer fee In an amount determined by the Board of Dlrectorashall be payable by the Owner to the Asscoladon,provided, that no transfer fee shall be payable If the Lot was purchased by a builder from the Grantor and within one (1) year thereafter sold and transferred to a third Parry. SECTION 9.09. Limited Assessments. In addition to Regular and Special Assessments, Owners shall pay Limited AssessmeMsas follows: (a) Maintenance and Repair. The Associationshall have the power to Incur expenses for maintenance and repair of any Lot or any Improvements on a Lot, Including the Street Landscape Strip (as defined In Section 5.15(b), above), or, where the same exists, the Alley Landscape Strip (as defined In Section 5.15(b), above), If such maintenance and repair Is necessary, In the opinion of the Board, to protect the Common Area or any other portion of the Property, and If the Owner of said Lot has failed or refused to perform said maintenance or repair within a reasonable time after written notice of the necesshythereof has been delivered by the Board to said Owner. The Board shall levy a Limited Assessment against the Owner of the Lot owned by said Owner to pay for the cost of such maintenance and repair, and any other cost or expense, Including attorneys' fees, arising out of or Incident to such maintenance and repair and the Assessmanttherefor. (b) Correction of Violations. In addition to maintenance and repair, the Board, upon cordficationfrom the ACC of the failure or refusal of an Owner to correct a violation of this Master Declaration or the ACC Rules/ACCStandards, shall have the power to correct any such violation on a Lot or any Improvement on a Lot, and Incur costs necessary In connection therewith. The cost of such corrective action, together with Interest, related expenses and attorneys' leas shall be assessed and collected as set forth In Article fX and Article X of this Master Declaration. (c) Limited Purpose. The Association shall haus the power to levy a Limited Assessmentagalnst Owners and Lots for any limited special purpose which the Board believes necessarywith respectto certain Lots but not an appropriate expense for payment by the Association. Such Limited Assessment shall not be made until the Owners of said Lob subject thereto have been given an opportunity, after notice, to participate In a hearing with respect to said Limited Assessment SECTION 9.DS. SubAssoclotion Assessment. Any Sub-Assocladonof the Subdivision Is hereby empowered to assess and certify for levy and collection by the Association, Regular, Special and Limited Assessments on the Lots and Owners thereof who are Members of the Sub -Association. The certification for levy by a Sub -Association and the collection thereof by the Association shall be as follows. (a) The Sub•Assoclation Board shall, following its By -Laws, rules and regulations, meet and approve a Regular, Special or Limited Assessment. (b) A written certification signed by the President and Secretary of the Sub-Assoclation that a Regular, Special or Limited Assessmenthas been approved by the Sub•Associationsoard shall be submitted to the Board. The certification shall contain the following: (1) a description of the type of Assessment to be levied and collected; 01) the name and address of the Owner and the legal description of each Lot to be assessed; (III) the amount to be levied and collected from each Owner; and Qv) the term of said levy and the due dates for the payment thereof by the Owners affected. The due dates may be adjusted by the Board to conform the same to the due dates of the Assessmenbof the Association for the purpose of achieving efficiency and economy In preparing and mailing statements and notices and collection. (c) Upon compllancowith the foregoing, the Board shall ievy the Assessmantso certified In accordaneewith the terms of the cerdficeffonin the same manner as Was for Assessmenbof the Association. Any levy made by the Assoclationon behalf of a Sub-Assoclationpursuantto a proper cordfioationshall have the some force and effect as a levy made by the Association. - (d) The Association, upon receipt of funds paid pursuant to a levy certified by a Sub-Assoclation,shall deposit such funds as received In the separate account of the Sub-Assodation,as designated by the Sub-Assoclation. SECTION 9.06. Commencement of Regular Assessments. Regular Assesamentsof the Association against each Lot shall commence the date of the closing of the first sale of a Lot to on Owner. Provided, however, that any Lot owned by the Grantor shall be assessed a Regular Assessment not exceeding ten percent (10%) of the amount assessed against Lots owned by other Owners. If the Grantor pays all or any portion of the expenses of the Assoclationin excess of the amount assessedto Lots owned by the Grantor, such excess amounts so paid shall constitute either (1) a prepayment of Assessments (Regular and Special) MASTER DECLARATION - 16 (12/4/02) r to become due and payable on the Lars owned by the Grantor within the Property, or (ii) a loan by the Grantor to the Association, which loan, without interest, shall be repaid by the Associationto the Grantor from the funds of the Associationwhlch are available to make such repayment Nothing herein contained shall obligate the Grantor to pay any Assessmentwkh respect to a Lot within a separately platted phase or subdivision within the Property In which the Grantor owns all of the Lots. SECTION 9.07. Uniform Rate of Assessment Except as expressly provided to the contrary In this Master Declaration, Regular and Special Assessmentsof the Association shall be Posed at a uniform rare for all Lots. SECTION 9.086 Assessment Due Date. The due dates for Regular, Special and Limited Assessmentsshall be the first day of the first month of each calendar quarter, unless some other due date Is established by the Board. Each Installment of an Assessmentshall be delinquent If not paid within fifteen (15) days after the due date thereof. Nothing herein contained shall prohibit the Board from requiring that Special or Limited Assessmentsbe paid In a lump sum Instead of installments. SECTION 9.09. Interest and Penalties. Any Regular, Special or Limited Assessmentlevled by the Assoclationon Lots, If not paid when due, shall bear Interest at an annual rate as shall be set by the Board from time to time, or If none is so set, at an annual rate of twelve percent (129). Such Interest shall commence on the data the Assessmentbecomes due and payable. In addition to the Interest charge the Board may, In accordance with rules and regulations promulgated by h, Impose additional fines or charges for the failure of an Owner to timely pay any Assessmentwhen due. The right of the Board to charge Interest or Impose additional fines or charges shall be In addition to, and not In lieu of, any other right of enforcement or sanction available to the Board In the event of non-payment of on Assessment SECTION 9.10. Estoppel Certificate. The Association, upon not less than twenty (20) days prior written request, shall execute, acknowledge and deliver to the party making such request a statement in writing stating whether or not to the knowledge of the Association,a particular Owner Is In default under the provisions of this Master Declaration and further stating the dates to which Assessments have been paid by said Owner, it being Intended that any such certificate delivered pursuant to this Section may be relied upon by any prospective purchaser or Mortgagee of said Lot, but reliance on such certificate may not extend to any default as to which the signer shall have had no actual knowledge. The Association shall have the right to charge a reasonable fee for the oertificationherein provided. SECTION 9.11. Notice and Quorum Reeulrements. Notwithstanding anything to the contrary contained In either the Articles or the By-laws of the Assoctation,wrltten notice of any meeting called for the purpose of levying a Special Assessment described In Section 9.03, above, or a Limited Assessmentdescrlbed In Section 9A4, above, shall be sent to each Owner whose Lot Is subject to the levy of such Special or Limited Assessment not less than ton (10) nor more than fifty (50) days In advance of the meeting. The presence of Owners or of proxies entitled to east sixty percent (60%) of the total votes of each class of Members of the Assocladonsubject to the levy of such Special or Limited Assessmerdshall constitute a quorum. If the required quorum Is not present, the meeting may be rescheduled by the Board for a date not later than sixty (60) days after the date of Initial meeting and at the rescheduled meeting the presence of Owners or of proxies eafted to cast ten percent (10%) of the total votes of each class of Members shag constitute a quorum. No written notice of the rescheduled meeting shall be required. Notwkhstandingthe foregoing, In a case Involving the levying of a Limited Assessmenton a Lot, as provided In Section 9A4, above, there shall be no requirement of a quorum at a meeting rescheduled because of a lack of the required quorum at the Initial meeting, and the Board may approve and levy such Limited Assessmenteven though the Owner of the Lot subject thereto Is not present In person or by proxy. ARTICLE x ENFORCEMENT OF ASSESSMENTS SECTION 10.01. Richt to Enforce. The right to collect and enforce payment of the Assessmentsmads by the Association (Including the Assessments made and csrdfied by a Sub-Assoclation)Is vested In the Association. Each Owner of a Lot hereby agrees to the onforcemerdof the payment of all Assessmentsin the manner herein provided. In the event an attorney Is employed for the collection of an Assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of any of the terms and conditions of this Master Declaration, the Owner against whom such enforcement Is sought shall pay reasonable attorneys' fees In connection therewith. SECTION 10A2. Creation of Assessment Liens. There Is hereby created a continuing claim of Ilan with power of sale on each and every Lot to secure payment of any and all Assessmentslevied against any and all Lots within the Property pursuant to this Master Declaration,together with Intereatthereon and all costs of colleadonwhlch may be paid or Incurred by the Association In connectlontherewith, including reasonable attorneya'fees. Said Ilen shall be prior and superior to all other liens or claims created subsequentto the recordationof this Master Declaration except only for: m valid tax and special assessmentliens on lots In favor of any governmental unit assessing authority; PQ a lien for all sums unpaid and secured by a first Mortgage or first Deed of Trust, duly recorded In Ada County, Idaho, including all unpaid obligatory advances to be made pursuant thereto; and (11Q labor or materlalmen's lien, N the some are prior and superior by reason of applicable law. All other lien holders acquiring lien on any Lot after recordation of this Master Declaration shall be deemed to consent that such liens shall be Interior lien to the Nen for Assessmentslavled by the Association,whether or not such consent be speclficallysert forth In the Instruments creating such other liens. MASTER DECLARATION - 17 (12/4/02) SECTION 10.09. Notice of Assessment. If an Owner falls to pay an Assesamentwlthln thirty (30) days of Its due date, the Assoclationshall prepare a written Notice of Assessmenteettig forth the type of Assessment,the amount of the Assessment, the due date thereof, Including the amount and due date of Installments (it the same are permitted), the amount remaining unpaid at the time of filing, the name of the record Owner of the Lot and a legal description of the Lot. Such Notice shall be signed by the Presidentand Secretaryof the Assoclation,acknowledged by a Notary Public and recorded In the office of the Ada County Recorder. At such time as a delinquent Assessment which Is described In the Notice Is paid, the Association shall prepare and record a Notice of Satisfaction with respect thereto. SECTION 10.04. Enforcement. Upon the failure of on Owner to pay an Assessment In accordance with He terms, the lien for Assessmenthereln crested may be enforced by sale by the Assoclation,such sale to be conducted In the manner provided by law In Idaho for the exercise of the power of sale In Deeds of Trust or In any other manner permitted by law elected by the Board. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, Including all reasonable attorneys' fees. All such costs and expenses shall be secured by the Ilan being foreclosed. The Owner shall also be required to pay to the Assoolationany Assessmentsagalnst the Lot which shall become due during the period of foreclosure. The Association shall have the right and power to bid at the foreclosure sale or other legal sale and to acquire and thereafter hold, convey, lease, rent, encumber, use and otherwise deal with and in said Lot as the Owner thereof. SECTION 10.05. may be brought to foreclose that lionforany Assesessmeent,whhetther by power of sale or otherwise, untilin this Mtheeeexpiratio or tldrty (30) days after written Notice of Default has been deposited In the United States mall, certified or registered mall, postage prepaid, return receipt requested, addressed to the Owner of the Lot described In such Notice at the last known address of the Owner as shown on the books and records of the Association. Said Notice shall specify the amount and due date of the unpaid Amessment(s)and the legal description of the LoL SECTION 10.05. Reporting. The Association shall provide a Mortgagee with a copy of a Notice of Default served on an Owner under Section 10.05, above. The duty to give such Notice shall arise only after said Mortgagee furnishes to the Assoclationwriffen notice of a Mortgage (or Deed of Trust) which shall contain the following: (a) The name and address of said Mortgagee; (b) A legal description of the Lot subject to the Ilan of the Mortgage by Lot, Block and Subdivision; (c) The name and address of the Owner; (d) The dab the Ikon of the Mortgage was filed of record In Ada County, Idaho, and the Instrument number thereof•, (e) The maturity dab of the obligation secured by said Mortgage Ilan; (f) A copy of a title Insurance report evidencing that the Mortgagee Is the holder of a first Mortgage or the beneficiary of a first Deed of Trust; (9) The signature of the Mortgagee or authorized agent In the event the Association shall be required to notify a Mortgagee as herein provided, the Association shall assess the Owner who Is delinquent the sum of $50.00 as a reasonable charge for such notification and such charge shall be a cost of collection secured by the Assessment lien described In Section 9.02, above. The charge for such notification shall be subject to change by the Board. SECTION 10.07. Term of Assessment Unless sooner satisfied and released or the enforcement thereof Initiated as provided In this Article, the lion for any Asesssmentlevled under this Master Declaration or any applicable Supplemental Declaration shall expire and be of no further force or effect atter a period of five (5) years from the later of (n the date of said Assessment, or (II) the date the last Installment thereof Is due and payable. Provided that the expiration of the Ilan as provided herein shall not release an Owner from the personal obligation to pay any Assessment. SECTION 10.0& Non -Exclusive Remedy. The remedies sat forth In this Article or elsewhere In this Master Declaration shall not be deemed to be an exclusive remedy and the Association may pursue all other remedies available at law or In equity. ARTICLE )(1. SUB -ASSOCIATIONS SECTION 11.01. Creation. The Grantor shall have the right to create Sub-Assoclationsas Idaho nongrcof t corporations. Each such Sub-Asaoclationshall have all power, rights, obligations, responsiblildesend duties and be subject to all of the same limitations and restrlctlonsas are speclffed In this Master Declaration with respect to the Association, except for such differences, requirements or limitations as are expressly set out In this Master Declaration and/or the applicable Supplemental Declaration and MASTER DECLARATION - 18 (12/4/02) such changes as the Grantor may deem appropriate as a result of the different and specific Common Areas being owned, maintained and managed by such Sub-Associations,which changes shall be set forth In a Supplemental Declaration. SECTION 11.02. Votne. Each Sub-Assodatlonshall have the two (2) classes of voting membership and the voting rights shall be as specified for the Aaaociationin Section BAS, above. SECTION 11.03. Powers and Dutles. Each Sub-Assoclatlonshall be managed by a Board of Directors and officers In the same manner as specified In Section BA6, above, for the Assoclationand shall have the same powers and duties with respect to lts Members and the Common Areas owned, managed or maintained by It, Including any easement areas controlled by K said powers and duties to Include the levying of Assessments and certification thereof to the Association for collection, adopting rules and regulations, granting easements, Ilcensesand rlghtsof-way,payment of expenses, taxes, assessments,utllhy charges, Insurance premiums and the preparation and distribution of budgets and financial statements as are provided in Article VI, above. SECTION 11.04. Members. The Members of each Sub-Assoclatlonshall be the Owners of Lots In the portion or phase of the Subdivision described In the Supplemental Declaration relating thereto. Memberships may only be transferred In the same manner as specified In Section 6.04, above. ARTICLE )01. ARCHITECTURAL CONTROL COMMITTEE SECTION 12.01. Members of the Committee. The ArchltecturalControl Committee shall be comprised of at least three (3) persons, all of whom shall be appointed as herein provided. A member of the ACC shall hold office until he has resigned or has been removed, but In any event, until said Member's successor has been appointed. Members of the ACC may be removed at any time, with or without cause. SECTION 12.02. AppolntmeM. So long as the Grantor owns any Lot or parcel within or adjacent to the Property, the Grantor shall have the solo right to appoint and remove all members of the ACC. Thereafter, all members of the ACC shall be appointed or removed by the (bard. The ACC shall have the right by a resolutonln writing unanimously adopted, to designate orhe (1) of Its members to take any action or perform any duties for and on behalf of the ACC. In the absence of such designation, the vote of any two (2) members of the ACC shall constitute an act of the ACC. SECTION 12.03. Compensation. The members of the ACC shag not receive any compensation for services rendered, but shall be reimbursed for actual expenses Incurred by them In the performance of their duties hereunder. Nothing herein shall prohibit or restrict the ACC from contracting with a member of the ACC who Is professlonallyquallfied as an architect, engineer or designer for the review of the plans and speolficatlonsdesorlbed In Section 12.07, below. SECTION 12A& Non-Llabllity. Neither the ACC, or any member thereof, or the Grantor or any partner, officer, employee, agent, successoror assign thereof, shall be liable to the Assoclaton,any Owner or any other person for any loss, damage or Injury arising out of or connected with the performance by the ACC of its duties and responsibilhiesby reason of a mistake In judgment, negligence or nonfeasance arising out of or In connection with the approval or disapproval or failure to approve an application. Every person who submits an application to the ACC for approval of plans and speclficatonsagrees, by submission of such an application, and every Owner or Occupant of any Lot agrees, by acquiring We thereto or an Interestthereln, not to bring any action or suit against the Asaociaton,the ACC, or any member thereof, or the Grantor or any officer, partner, employee, agent, successor or assign thereof to recover such damages. SECTION 12.06. Approval Raoulred. No construction,alferaton,modMcaton,removal or destructlonof any Improvements of any nature whatsoever, whether real or personal In nature, shall be Initiated or be permitted to continue or exist within the Property without the prior express written approval of the ACC. SECTION 12A& Varlancea. The ACC may authorkovarlancestrom compliance with the requirementsof any conditions and restrictions contained In this Master Declaration, the ACC Rules/ACC Standards, or any prior approval when, In the sole discretonof the ACC, circumstanceasuch as topography, natural obstructions aesthetesor envlronmentalconsiderationsor hardship may so require. Such variances must be evidenced In a writing signed by at least two (2) members of the ACC. If a variance Is granted as provided herein, no violation of this Master Declaration, ACC Rules/ACC Standards or prior approval shall be deemed to have occurred with respect to the mater for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provislonsof this Master Declaratonor the ACC Rules/ACC Standards for any purpose except as to the particular subject matter of the variance thereof and the specific Lot covered thereby. The ACC shall have the right to consider and grant a variance as herein provided either with or without notice to other Owners or a hearing of Owners thereon. MASTER DECLARATION - 19 (12/4/02) ♦ 0 The granting of a variance by the ACC pursuant to this Section shall not relieve the Owner from the obligation to fully comply with the ordinances of Ada County or the City of Meridian, as the case may be, applicable to the Property. SECTION 12.07. Application. To request AOC approval for the conaVuction,alteration,modlfication,removal ordemolition of any Improvements within the Property, the Owner shall submit a written application In a form required by the ACC which must be signed by the Owner and contain all Information requested and be accompanied by all other material to be submitted as hereafter provided. All applications must contain, or have submitted therewith, the following material (collectively called 'plans and specificationsy prepared In accordance with acceptable architectural standards and submitted with the application form, If any, approved by the ACC: (a) She Plan. A site pian showing the location of the Bullding(s) and all other structures and Improvements Including fences and walls on the Lot, Lot drainage and all act backs, curb cuts, driveways, parking areas and other pertinent Information relating to the Improvements. (b) Building Plan. A building plan which shall consist of preliminary or final blueprints, elevation drawings of the north, south, east and west aides, and detailed exterior speclficationawhich shall Indicate, by sample h required by the ACC, all exterior colors, materials and finishes, Including roof, to be used. the (c) Landscape Strip (adefined In Section for portion* above) a d, wheLot re applicable, be the Alley Landscape Strip (as defined In Section 5.15(b), above), which shall show the location, type and size of trees, plants, ground cower, shrubs, berming and mounding, grading, drainage, sprinkler system, fences, freestanding exterior lights, driveways, parking areas and walkways. The ACC may, In Its discration,requile the Owner to furnish additional specifications drawings, material samples OF such other Information as the ACC, In its sole dismetion reasonably exercised, shall deem necessary or convenient for the purpose of assisting the ACC In reviewing and processing the application. SECTION 12.0& Completion Security Deposit At the time of the submission of the application under Section 12.07, above, the Owner shall deposit with the ACC, as a completion security deposit (hereafter'Completlon Deposit), the amount of It .00,or such other amount as "I be etermined by the etion as security for ths timely completion by the Owner odf the Improvement int Lott as alp roved shall Including, g, butld by the Anot limited to the landscaping as provided In Section 52% above, and upon such timely completion shall be returned to the Owner without Interest If the Owner falls to timely complete such Improvements, the ACC shall have the right to deduct from such Completion Deposit the amount of any penalties, off -acts and costs as sot forth In this Master Declaration or the ACC Rules/ACC Standards, Including any costs which may be paid or Incurred by the Assodationor a third party to complete such Improvements. SECTION 12.09. Decision. In reviewing the application and the materials submitted therewith and In reaching decision thereon, the ACC shall use he best efforts and judgment to assure that all Improvements shall produce and contribute to an orderly and aesthetically complementary design and appearance and be of the quality required to maintain the Property as a quality residential development. Unless extended by mutual consent of the Owner and the ACC, the ACC shall render Its decision with respect to an application within forty-five (45) days after the receipt of a properly submitted application. The decision of the ACC can be In the form of an approval, a conditional approval or dental. The decision of the ACC shall be In writing, signed by a member of the ACC, dated, and a copy thereof mailed to the Owner at the address shown on the application. A conditional approval shall set forth with parlicularkythe conditions upon which the application is approved and the Owner shall be required to affix a copy of said conditions to the working drawings or blueprints which are to be kept on the job aft during the entire course of the work to which said plans relate. A denial of an application shall state with particularilythe reasons for such denial. SECTION 12.10. Inspection and Complaints. The ACC Is empowered to Inspect all work In progress on any Lot at any time. Such Inspection shall be for the purpose of determining whether the Owner Is proceeding In accordance with the approved application or Is deviating therefrom or Is violating this Master Declaration or the ACC Rules/ACC Standards or the approved plans and specifications. The ACC Is empowered to receive from other Owners ('Complalnsrd) complaints In writing Involving deviations from approved applications or violations of this Master Declaration or any applicable ACC Rules/ACC Standards. In the event the ACC receives such a complaint from a Complainant, it shall first determine the validity of such complaint by Inspection or otherwise. MASTER DECLARATION - 20 (12/4/02) r • Should the ACC determine that there has been a deviation or a violation, it shall promptly Issue a notice In writing thereof to the Owner and to the Complainant, which notice shall specify the particularsof the deviation or violation and shall demand that the Owner conform to either or both of the following directives: (a) The Owner shall immediately cease the activity which constitutes deviation or violation. (b) The Owner shall adhere to the corrective measures set forth In the written notice. Should the ACC determine there has been no deviation or violation, it shall promptly Issue a notice of such determination to the Owner and the Complainant. SECTION 12.11. Hearing An Owner submitting an application under Section 12.07, above, or served with a written notice of deviation or violation, or a Complainant shall have the right to request and be heard at a hearing held by the ACC for the purpose of presenting facts and Information to the ACC. Such hearing must be requested by such parry within ton (10) days from the date the written notice of the decision of the ACC Is mailed to the Owner (and Complainant) as evidenced by the records of the ACC. The hearing shall be held within ton (10) days following recelpt by the ACC of the request for a hearing, unless the ACC shall extend said period of time because of the unavailabilityof ACC members. A hearing may be continued by the ACC for the purpose of further Investigation or to receive additional evidence. Upon completion of the hearing, the ACC shall Issue a written opinion to the Involved parties within ten (10) business days thereafterwhlch opinion shall set forth the findings of the ACC with respect to the matters at Issue and shall affirm, modify or rescind its previous decision as contained In the original written notice. If the ACC Incurs any costs or expenses In connection with the Investigation, processing or hearing on a matter Involving a deviation or violation, Including the costs of retaining a consuNant(s)to advise the ACC and legal fees, such costs shall be paid by the Complainant unless an Owner is found to be In violation, In which event such Owner shall pay all such costs. The payment of such coats shall be enforceable as provided In Section 12.1 S, below. SECTION 12A2. Appeal, Either an Owner or a Complainant shall have the right to appeal to the Board a decision of the ACC on an application with respect to the conditions Imposed thereon or a dental thereof, or a decision of the ACC adverse to the Owner or the Complainant reached following a hearing held pursuantto Section 12.11, above, provided, however, that neither an Owner nor a Complainant shall be ondded to such an appeal with respect to deviations or violations unless said Owner or Complainant has participated In the ACC hearing. A rodeo of appeal shall be In writing and shall be delivered by mail to the Secretary of the Board within ten (10) days from the date of the decision by the ACC. Said notice of appeal shall be dated and shall contain the name of the Owner and the Complainant, If any, and a copy of the written decision or determination of the ACC. The failure of an Owner or Complainant to appeal a decision of the ACC In the manner and within the time herein provided shall terminate all rights of said Owner or Complainant to appeal said decision and it shall be binding and enforceable. The Board shall Pot a date for the hearing of such an appeal which data shall be no later than ten (10) days from the date of recelpt of a notice of appeal unless extended by the Board because of the unavallabllityof Board members. The Owner and Complainant, H any, shall be advised of the time and place of the hearing by a mailed, written notice. Written notice of time and place for hearing shall also be served by mail upon each member of the ACC. The Board may require the Owner or Complainant to provide additional information to facilitate the Board's decision and On failure of such party to comply promptly with such a request shall entitle the Board to deny the appeal, In which event the decision by the ACC shall be considered final and not subject to further appeal. At the hearing the Owner, Complainant, If any, and the ACC, together with their representativesand other witnesses, shall present their position to the Board. The order of presentationand the evidence to be admitted shall be solely within the discretion of the Board provided, however, that the Owner, the Complainant, If any, and the ACC shall have the opportunity to question and cross-examinewltnesses presented by the other. The Owner, the Complainant, If any, and the ACC will have the opportunity to present final argument consistent with rules adopted by the Board for such hearing process. Any party may be represented by an attorney at any hearing by the ACC or the Board. Upon receiving all of the evidence, oral and documentary, and following the conclusion of the hearing, the Board shall retire to deliberate and shall reconvene at a time and place determined by the Board, at which time the hoard shall cast Its official ballotandthe decision shall be duly recorded In the minutes of the meeting. The Owner, the Complainant, If any, and the ACC members shall be given written notice of the decision which shall be deemed given when deposited In the United States mail, postage prepaid and properly addressed. H the Board Incurs any costs or expenses In connection with the Investigation, processing or hearing on an appeal, Including the coats of retaining a consultant(s)to advise the Board and legal fees, such costs shall be paid by the party(s) filing the appeal unless the decision by the Board constitutesa substantial reversal of the decision of the ACC, In which event such costs shall be paid by the Association. If the parry filing the appeal Is obligated to pay such costs, payment of the same shall be enforceable as provided In Section 12.13, below. A decision of the Board of an appeal shall be final and shall not be subject to reconslderationor further appeal. MASTER DECLARATION - 21 (12/4/02) , 9 SECTION 12.13. Enforcement. The ACC, upon approval by the Board, shall be authorized on behalf and In the name of the Associationto commence such legal or equitable proceedings as are determined by It to be necessary or proper to correct or enjoin any activity or condition existing within the Property, the continuation of which violates the provisions of this Master Declaration, the ACC Rules/ACC Standards or the approved plans and specifications. The ACC shall not commence such legal or equitable proceedings until a written notice of the deviation or violation has been appropriately prepared and given to the Owner but thereafter the ACC shall have the sole discretion to commence such proceedings. The authorltyof the ACC as herein provided shall include the power to retain legal counsel and expert witnesses, pay filing foes, deposition costs, witness fees and all other ordinary and necessary expenses Incurred In commencing and carrying out said legal or equitable proceedings, all of which costs shall be paid by the Association. In the event the ACC and/or Asscolationshall prevail In any such legal or equitable proceedings, all costs and expenses Incurred In connection therewith Including, but not limited to, attorneys' fees shall be reimbursed to the Association by the Owner against whom said proceedings are filed and upon the failure of said Owner to reimburse the Assoclationwithln five (5) days atter written demand therefor Is mailed to the Owner, the Assoclationshall have the right to levy a Limited Assessmenfagainst the Owner and the Lot owned by the Owner which Assesomentshall be equal to said cosh and expenses incurred plus any additional costs and expenses Incurred In levying the Assessment. Said Limited Assessmentshall be due and payable at such time or In such Installmentsas may be determined by the Board, In its sole dlameton. The failure of the Owner to pay said assessments,or any Installment thereof when due, shall be enforceable In the manner provided In Article K above. SECTION 12.14. Additional Damages. In addition to the costs and expenses to be reimbursed by the Owner or the Complainant, all other costs, expenses and damages determined by the Board to be proximately caused by the deviation or violation or the costs and expenses Incurred by the Assoclationto correctthe same shall be assessedas a Limited Assessmentagainst the Owner and the Lot owned by said Owner, or the Complainant and the Lot owned by the Complainant, as the case may be, which Limited Assessment shall be due and payable at such. time or In such Installments as determined by the Board, In Its sole discretion. The right of the Board to enforce said Llmlted Assessmerdshall be the same a provided In Article X, above. SECTION 12.15. Non -Exclusive Remedy. The right of the Assoclationto levy a Limited Assessmentas described In Sections 12.13 and 12.14, above, shall not be deemed to be an exclusive remedy of the Association and H may, In Its sole discretion, without waiver of any other legal or equitable remedy, pursue enforcement of the lien of said Limited AssessmeM(s), proceed to oollect any amount due directly from the Owner and/or pursue any other remedies available at law or In equity. . SECTION 12.1 S. Private Rlohts. The Assoclaflonshall not have the right to mediate or litigate private disputes between Owners where there Is a legal or equitable remedy available to resolve said dispute when, In the sole discretion of the Board, the Interests of the Associationor a substantial number of the Owners would not be benefitted thereby. ARTICLE )OIL ANNEXATION SECTION 13.01. Annexation. Additional property may be annexed to the Subdivision and brought within the provisions of this Master Declaration by the Grantor, at any time, without the approval of any Owner or the Association. To annex additional property to the Subdivision, the Grantor shall record an amendment to this Matter Declaration which shall specify the annexation of the additional property to the Subdivision and which may supplement this Master Declaration with addition or different covenants and restrictionsappllcable to the annexed property, as the Grantor may deem appropriate, and may delete or modify as to such annexed property such covenants as are contained herein which the Grantor deems not appropriate for the annexed property, so long as the additional, different, deleted or modified covenants or restrictionaare not prohibited by the regulations and requirements of HUD for resldentislaubdlvislonsot the nature and type as the Subdivision. Upon such annexation, the Owners of the Loh within the annexed property shall become members of the Association with all rights, privileges and obligations as all other members. The amendment of this Master Declaration as authorized by this Section, to annex additional property to the Subdivision, shall be controlled by the provisions at this Section and shall be expressly excluded Nom the requirements of Section 15.02 of this Master Declaration. SECTION 13.02. De -Annexation. The Grantor shall have the right to delete all or a portion of the Property from the coverage of this Master Declarationand the jurisdictional the Assoclation,so long as the. Grantor is the Owner of all of the property to be de -annexed and, provided further, that an appropriate amendment to this Master Declaration Is recorded in the office of the Ada County Recorder. ARTICLE XIV. PROTECTION OF MORTGAGEES SECTION 14.01. Purpose. Notwithstanding any and all provisions of this Master Declaration to the contrary, to Induce the Federal Home Loan Mortgage Corporation CFHLMCI. the Government National Mortgage Association NNMA"j, the Federal MASTER DECLARATION - 22 (12/4/02) � ° k National Mortgage Association ("FNMA'), the Federal Housing Adminlxbwdon ("FHAJ and the Veterans Administration CVAJ to participate M the financing of the purchase of Lots within the Property, the provisions of this Article are added thereto. To the extent the following Sections of this Article conflict whh any other provisions of this Master Declaration or the provisions of any Supplemental Declaration, this Article shall control. _ SECTION 14.02 Restrictions on Amendments. No amendment of this Master Declaration shall operate to defeat or render Invalid the rights of a Mortgagee or beneficiary under any first Mortgage or first Deed of Trust upon a Lot made In good faith and for value and recorded prior to the recordation of such amendment, provided that after foreclosureof any such Mortgage or Deed of Trust such Lot shall remain subject to this Master Declaration, as amended. SECTION 14.03. Mortcacee Defined. For the purposes of this Article only, a "Mortgagee" shall refer only to FHLMC, GNMA, FNMA, FHA and VA, as described In Section 14.01, above. SECTION 14.00. Right to Notice. Each Mortgagee, upon filing a written request for notification with the Board In accordance with Section 10.06, above, shall be given written notice by the Association of any default by the Owner of the Lot encumbered by the Mortgage held by said Mortgagee In the performance of such Owner's obligations under this Master Declaration and under any Supplemental Declaration applicable to the Lot, the Articles or the By -Laws of the Association (hereafter collectively referred to as "Project Documents'), which default is not cured within thirty (90) days alter the Associationhas notice of such default SECTION 14.05. Exemption From Prior Assessments. Each Mortgagee which comes Into possesslonof a Lot by virtue of foreclosureor otherwise shall take title to such Lot free from any claims for unpaid Assessments and charges against the Lot which accrue prior to the time such Mortgagee comes Into possesslon,except for claims for a share of such assesamentsor charges resulting from a reallocation thereof to all lots, Including the mortgaged Lot SECTION 10.06. Chances Requiring Unanimous Approval. Without the prior unanimous approval of all Mortgagees of Lots within the Property, neither the Association nor the Owners shah: (a) By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area which Is owned, directly or Indirectly, by the Association, provided, however, that the granting of easements ter public: utilities or for other public purposes consistent with the Intended use of the Common Area by the Association shall not be deemed a transfer within the meaning of this Section. (b) Change the ratio of Assessmentsor method of determining the obligations, Assessments,dues or other charges which may be levied against any Owner or the method of allocating distributions of hazard Insurance proceeds or condemnation awards. SECTION 14.07. Restrictions on Other Changes. Withoutthe prior written approval of at least seventy-fivepercent (75%) of the Mortgagees holding Mortgages on Lots within the Property, neither the Association nor the Owners shall: (a) By act or omission change, waive or abandon any scheme of regulations or enforcement thereof, pertaining to the architectural design of the exterior appearance of Improvements on Lots within the Property, the exterior maintenance of said Improvements, or the maintenance and upkeep of landscaping within the Property. (b) Fall to maintain fire and extended coverage Insurance on Insurable Improvements within the Common Area on a current replacement cost basis In an amount not less than one hundred percent (100%) of the Insurable value (based on current replacementcost); (c) Use hazard Insurance proceeds for losses occurring within the Common Area for any purpose other than the repair, replacement or reconstructionthereof. (d) Abandon or terminate the covenants, conditions, restriadonsand easements of this Master Declaration or any Supplemental Declaration. (6) Make any material amendment to this Master Declaration or any Supplemental Declaration or In the Articles or By -Laws of the Association or any Sub -Association. SECTION 14.08. Right to Inspect Books. Etc. Mortgagees, upon written request; shall have the right to (i) examine the books and records of the Associaibnduring normal business hours; QQrequlrefrom the Associationthe submission of audited annual financing reports and other financial data; QIQ receive written notice of all meetings of Owners; and (Iv) designate In writing a representativeto attend all such meetings. SECTION 14.08. Notification of Damage. Upon the Board receiving notice of any damage to the Common Area or any Lot wherein the cost of repair, replacement or reconstruction exceeds Tan Thousand Dollars ($10,000.00) or notice of any condemnation or eminerd domain proceedingsor other similar involuntaryacqulsltionof any portion of the Property,the Board shall MASTER DECLARATION - 23 (12/4/02) give to each Mortgagee which has filed with the Board a written request for notice, prompt written notice of said damage or condemnation. SECTION 14.10. Right to Pay Charges. Mortgagees may pay taxes or other charges which are In default and which may or have become a charge against any Common Area and may pay any overdue premiums on hazard insurance policies covering said Common Area and said Mortgageesmaking such payments shall be entitled to Immediate relmbursementthereforfrom the Association. SECTION 14.11. Lessee's Obligations. Any agreement for the leasing or rental of a Lot, Including a month4o-month rental agreement, shall provide that the terms of such agreement shall be subject 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 leasing or rental agreement SECTION 14.12. Uabllltv for Taxes. All taxes levied and assessedon the Common Area must be assessable against those Common Area only and the Association and/or any Sub-Assoclationshall be solely responsible for the payment thereof. SECTION 14.13. Waiver of Uablllty and Subrogation. Any provision In this Master Declaration which requires Owners to Indemnify the Assoclation, a Sub-Assoclation,the Board or the Sub-Assoclation Board, or other Owners against acts of the Indemnitor is subject to the exception that If the liability, damage or Injury Is covered by any type of Insurance and proceeds are actually paid to the Insured by reason thereof, the indemnitor Is relieved of liability to the extent of Insurance proceeds so paid. SECTION 14.14. FNMA and GNMA Insurance Requirement. Notwithstanding any other provisions contained In this Master Declaration, the Association or a Sub -Association shall continuously maintain In effect such casualty, good and liability Insuranceand a fidelity bond meeting the Insuranceand fidelity bond requirementsfor planned unit development projects established by FNMA and GNMA, so long as either Is a Mortgagee or Owner of a Lot within the Property, except to the extent such coverage Is not available or has been waived In writing by FNMA or GNMA. SECTION 14.16. Additional Contracts. In addition to the foregoing provlslonsof this Article, the Board may enter Into such contracts and agreements on behalf of the Association as are required In order to satisfy the guidelines of FHLMC, FNMA, GNMA,FHA, VA or any similar entity, so as to allow for the purchase, guaranty or Insurance, as the case may be, by such entity of mortgages encumbering Lots within Improvements thereon. Each Owner hereby agrees that it will benefit the Association and each Owner, as a class of potential mortgage borrowers and potential sellers of theirs Lob, If such agencies approve the Property as a qualifying subdivision under applicable policies, rules and regulations as adopted from time-to-tims. SECTION 14.16. Consent to Release of Information by Mortgages. Mortgagees aro hereby authorized to furnish Information to the Board concerning the status of any Mortgage encumbering a Lot and each Owner of a Lot encumbered by such a Mortgage hereby consent thereto. SECTION 14.17. Restricted Aoollcatign. it Is expressly provided that the terms, condhions and provlslonsof this Article shall not be operative or In force and effect unless and until FHLMC, FNMA, GNMA, FHA or VA purchases, grantees or Insures a Mortgage on a Lot within the Property and then only to the extent the same are required by said purchaser, guarantor or Insurer. In the event the standards and guidelines of FHLMC, FNMA, GNMA, FHA or VA do not require, as a condition of approval of the Property as a qualifyingsubdlvislon,the Incluslonof one or more of the provislonsof this Article, said non -required provisions shall be of no further force or effect ARTICLE XV. MISCELLANEOUS SECTION 15.01. Term. This Master Declarationand all covenants,wnditions,restrictlonsand easements contained herein shall run until December 31, 2032, unless amended as hereafter provided. After December 31, 2032, said covenants, conditions, restrlctionsand easements shall be automatically extended for successive period of ten (10) years each, unless extinguished by a written Instrument executed by the Owners of at least three-fourths (3/4) of the Lots covered by this Master Declaration and such written Instrument Is recorded with the. Ada County Recorder. SECTION 15.02. Amendment This Master Declaration may be amended as follows: (a) By Grantor. Until title to a Lot within the Property Is conveyed by the Grantor to an Owner, this Master Declarationmay be amended or terminated by the Grantor by recordationof a written Instrument signed by the Grantor and acknowledged setting forth such amendment or terminattom (b) By Owners. Except as otherwise expressly provided this Master Declaration, the provisions of this Master Declaration, other than this Section, may be amended by an Instrument In writing, signed and acknowledged by the President and Secretary of the Assoclatlon,certifying that such amendment has been approved by a majority of the cumulative total of the Class A votes and the Class B votes cast by the Class A Members and the Class B Members either In person or by proxy at a meeting of the MASTER DECLARATION - 24 (12/4/02) Members duly held for such purpose and/or by the approval In writing by the Members, Including the Class A Members and the Class B Members, entitled to a majority of the cumulative total of the Class A votes and the Class B votes. Such amendment shall be effective upon Its recordation with the Ada County Recorder. Any amendment to this Section 15.02 shag require the vote of seventy-five percent (75%) of the cumulative total of the Class A votes and the Class B votes cast by the Class A Members and the Class B Members either In person or by proxy at a meeting of the Members duly held for such purpose and/or by the approval In writing by the Members, Including the Class A Members and the Class B Members, entitled to seventy-fivepercent (75%) of the cumulative total of the Class A votes and the Class B votes. Such amendment to this Section shall be In the form of an Instrument In writing, signed and acknowledged by the Presldentand Secretaryof the Assoclation,oertifying that such amendment to this Section has been approved as provided herein, and shall be effective upon Its recordation with the Ada County Recorder. SECTION 15.03. Sewer Covenants. The following covenants shall run with each Lot and any Common Area affected thereby and shall be binding upon each Owner of a Lot and all occupants of any Improvements constructed on a Lot (a) No Lot may be used or occupied for any allowed use unless the same Is connected to the public sewerage collection system constructed and Installed within the Property. (b) All sewer hook-up fees charged by the municipality having Jurisdiction and control over the Lot shall be paid by the Owner at the time of construction of the Improvements thereon and the connection thereof to the public sewerage collection system, said sewer hook-up fees to be, paid at such time and In such amount as shall be required by the ordinances and regulations of themunicipalentity having jurlsdlotlonthereof. (c) A monthly sewerage charge shall be paid to the municipal entity having Jurisdiction thereof, or Its designee, after connection to the public sewerage collection system In accordance with the ordinances and regulations of said munidpal entity. (d) All sewer service Lina connected to the sewerage collection system constructed and Installed by the Grantor In the Property shall be constructed In accordance wIth all applicable codes and regulationsand shall be Inspected as required by the governmental entity having Jurisdiction thereof to assure a minimum of Infiltration from said service line Into the sewerage collection system. (e) The Grantor shall provide access, satlefactoryto the governmental entity having Jurisdiction thereof, for sewer cleaning equipment to all sanitary sewer manholes located outside of public right-of-way. M The Grantor and each Owner of a Lot hereby authorizes the governmental entity having Jurisdiction thereof, or Its designee, to bring any action It deems necessary or required for the collection of any fees or charges due said entity for sewer serAce connected or monthly sewer charges and/or to otherwise enforce any of the obligations respecting the connection to the public sewerage collection system or use thereof as provided In this Section. (g) Unless the Property has been previously annexed Into the corporate Ilmfts of the City of Meridian, the recordation of a Plat for the Subdivision by the Grantor shall be deemed and construed as a request by the Grantor for the annexation of the property covered by said Plat Into the corporate limits of the City of Meridian. Such request shall be binding on all subsequent Owners of the Lots within the Property covered by said recorded Plat SECTION 15.04. Books and Records. All books, records and minutes of the Board and all other books and records maintained by the Association shall be made available for Inspection and copying by any Owner or by his duly authorized representative,at any reasonable time and for a purpose reasonably related to his Interest as a member In the Assoclation,or at such other place and time as the Board shall prescribe. SECTION 15.05. Non -Waterer. The fallureof the Grantor,the Board or any Owner In any one or more Instancesto Insist upon the strict performance of any of the covenants, conditions, restrictions,easementsof other provislonsof this Master Declaration or to exercise any right or option contained herein, or to serve any notice or to Institute any action, shall not be construed as a waiver or relinqulshmentfor the future of such covenant, condition, restriedon,easement or other provision, but the same shall remain In full force and effect SECTION 15.05. Acceptance. Each Owner of a Lot, each purchaser of a Lot under a contract or agreement of We and each holder of an option to purchase a Lot, by accepting a deed, contract of sale or agreement or option, accepts the same subject to all of the covenants, conditions, restrlcBons,easementsand other provislonseet forth In this Master Declarationand agrees to be bound by the same. MASTER DECLARATION - 25 (12/4/02) i SECTION 15.07. Indemnification of Board Members. Each member of the Board and each member of the ACC shall be Indemnified by the Owners against all expenses and liabilities, Including attorneys' fees, reasonably Incurred by or Imposed In connection with any proceeding to which said member may be a party or In which said member may become Involved, by reason of being or having been a member of the Board or the ACC, or any settlement thereof, whether or not said person Is a member of the Board or ACC at the time such expenses or liabilities are Incurred, except In such cases wherein said person Is adjudged guilty of willful misfeasance or malfeasance In the performance of his or her duties; provided that In the event of a settlement, the Indemnification shall apply only when the Board or the ACC approves such settlement and reimbursement as being In the best Interest of the Association or Owners. This Section shall extend to and apply also for the Indemnification of the Grantor during the Initial period of operation of the Association or prior thereto during the period the Grantor Is exercising the powers of the Association. SECTION 15.00. Notices Any notice permitted or required to be delivered as provided In this Master Declaration shall be in writing and shall be delivered either personally or by mall. If delivery Is made by mail, it shall be deemed to have been delivered seventy-two (72) hours after the same has been deposited In the United States mall, postage prepaid, properly addressed. - SECTION 15.08. Imeroretation. The provisions of this Master Declaration and any Supplemental Declaration shall be liberally construed to effectuate the Project Objectives set forth In Article IV, above, and shall be construed and governed by the laws of the State of Idaho. Unless the context requires a contrary construadon,the singular shall Include the plural and the plural the singular; and the masculln% feminine or neuter shall Include the mascullne, feminine or neuter. All captions and titres used In this Declaration are Intended solely for convenience of reference and shall not affect that which Is set forth In any of the provisions hereof. SECTION 15.10. Severablllty. Notwithstandingthe provislonsof the preceding Section, each of the provlslonshereof shall be deemed Independent and severable and the Invalidity or unenforceabllltyof any provision or portion thereof shall not affect the validity or enforceabllityof any other provision. IN WITNESS WHEREOF the Grantor has executed this Master Declaration as of the day and year firat above written.. PARAMOUNT, LLC, an Idaho Limited Uablitty Company By MEMBER STATE OF IDAHO ) ss: County of Ada ) On this day of December, 2[102, before me, the undersigned, a Notary Public In and for said State, personally appeared kqown or Identified to me to be a Member of PARAMOUNT, LLC, an Idaho Limited Uabllhy Company, the Company that executed the foregoing Instrument or the person($) who executed the foregoing Instrument on behalf of said Company, and acknowledged to me that such Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year In this certificate first above written. Notary Public for Idaho Residing at ,Idaho My Commission Expires: (SEAL) MASTER DECLARATION - 26 (12/4/02) A&CIATED EARTH SCIENCES BIOLOGY GE Y ENGINEERING SOIL SURVEYS SOIL & WATE ALITY RESOURCE PLANNING SITE INVESTIGATION 6238 Edgewater Drive Boise. Idaho 83709 (208) 672-9213 October 25, 2002 Mr. Greg Johnson Westpark Company P.O. Box 344 Meridian, ID 83642 Dear Greg: Attached are the monitoring results for the test holes on the Keltic property at ChindenfUstic and Linder Road/ Meridian Road. The 13 test holes on this property were measured once monthly from April 12, 2002 through October 11. Ten of the test holes were dry for the entire monitoring period. Three holes had a water table at some depth. These test holes were measured again on October 24 to ensure that a drop in the water table was captured. The rise and fall of the observed water tables appears to follow the irrigation season. Water was turned out of nearby canals and laterals on about October 1, 2002. The highest water levels were recorded on October 11. Since that date the water levels have been dropping. The monitoring data is attached in three forms: A database table with data for all holes for all monitoring dates, in graph form with all 13 holes displayed and with an individual graph for each of the test holes where a water table was observed. Graphs were not prepared for the dry holes. Should you have additional questions, please call me at 362-1972. HARLEY NOE Professional Soil Scientist cc: w/ attachments: Kathy Stroschien Briggs Engineering 1800 W. Overland Boise, ID 83705 j�w 0) b SE a a a a 3 a a v a a a a F rn O LL7 O n N r n O N n ' M m m tD ' w @ m m n v n r n n o � r r r r r r r r r r r r r a v 3 3 a a a a 3 a a a a s a oY O r mV W a n OD m. n N N rn N n C M 3 N C a cm $. ~N Z` Z' Z' 2. 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N V f00 m O N V t00 OOD O r r N eoepng moles 41dea i • O O O O O O O O O O O O O O O O O o O o r r r r r r r r r r eae4ing pun(uE) moleg y}dea N 9 2 H m C O N O O N 8Li OL tt --O L d�O L 1�1i 6 026 6 `96 O(, d �2d 19 6d 2l 62 c 6'L m e m 2t O i S, e 19e 2 t2 .e_ C tai 4A 0 d; 92 6" C�z 0 Un In0 0 0 N 0 Un to 0 to w w 10 0 f,- W W O r N M V UD t0 1- M r r r r r r r r r oo¢jjng punojE) molag 408d 'I �I 0 Un In0 0 0 N 0 Un to 0 to w w 10 0 f,- W W O r N M V UD t0 1- M r r r r r r r r r oo¢jjng punojE) molag 408d tet, of 'O ''O ms's �t. s f�a 9 O t'8 N olp F C &� '` st 0 c fit' 2 N N % t9 S nt '9 G9 .e 'S nG, S !t'S 0 S 6'p .9e st .2 0 0 0 0 0 0 0 0 0 0 0 0 0 c �. M eoejjng punaE) moleg yld®Q co 4** ADA COUNTY DEVELOPMENT SERVICES c PHONE: (208) 364-2277 650 MAIN STREET, BOISE, IDAHO 83702 u 0 FAX: (208) 364-2406 BUILDING ENGINEERING PLANNING ZONING November 21, 2001 JONATHAN WARDLE WARDLE &ASSOCIATES 50 BROADWAY AVE SUITE B BOISE ID 83702 RE: Subdivision Name Reservation - PARAMOUNT SUBDIVISION Dear JONATHAN: At your request I will reserve the name "PARAMOUNT SUBDIVISION" to use for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. Sincerely, John E. Priester, P.E.L.S. County Engineer JPfjp