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HomeMy WebLinkAboutApplicationNOTICE OF SPECIAL PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that a hearing will be held before the City Council of the City o.f Meridian, at the City Hall in the City of Meridian at the hour of 7:30 p.m., on the 26th day. of February, 1981, for the purpose of setting the square footage requirements for each lot of MEADOW VIEW SUBDIVISION NO. 2 and for each lot of SHERI-LYNN SUBDIVISION, both of which subdivisions are located within the City of Meridian, County of Ada, State of Idaho. Any and all parties interested shall be heard at the above scheduled hearing. DATED this 6th day of February, 1981. ANA L. N EP NN, ,CityClerk MM A i June 26, 1979 T0: Meridian City Council 'k. Please acre f o r amended lats fur the 9ri L p u p � ynn Subdivision for your approval. Amendments have been made in Section II, items (c), (d), and (e). Enclosed are the original covenants and the amended covenants for your inspections. r� i AFFIDAVIT OF CLARIFICATION AND AMENDMENT OF DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS SHERI LYNN SUBDIVISION Dated: Recorded: Instrument No: KNOW ALL MEN BY THESE PRESENT, That the undersigned does hereby certify and declare: I Philip R. Harper, and Carol J. Harper, and.Daniel J. Hebden, a single man, dba Doxo Properties owners in fee simple of the following described real property, located in Ada County, Idaho, to -wit: A tract of ground in lot 4 of Section 1, T.3N.,R., 1W.,B.M. Ada County, Idaho more particularly described as. -7 -follows: Commencing at a point on the section line which bears South 0°15'15"East 1139.05 feet'from the section corner to Sections 1 and 2, T. 3N.,R.1W.,B.M., and to Section 35 and 36, T. 4N., R. 1W., B.M., thence South 89° 17' East 789.48 feet to a steel pin; thence South 0° 26' West 226.98 feet to a steel pin; thence North 89°20'30" West 786.70 feet to a point on the section line common to saidsections 1 and 2, thence North 0°15'55" West along the section line 227.81 feet to the point of beginning. II That all of the real property and all lots, parcels or tracts thereof, and any conveyance describing all or any part thereof, either by reference to the official plat of said subdivision or by a number of disignation therein, or otherwise, shall be subject to the restrictions, covenants, reservations, and conditions herein expressed and set forth, and that by the acceptance of such conveyance, assignment, or transfer of interestthe grantee or grantees and their heirs, executors, administrators, successors, and assigns, and each of them, agree with each other as to the property so described or.. -conveyed in or by such conveyance, as follows: (a) BUILDING RESTRICTIONS: All lots in said sub- division shall be known and described as residential lots and restricted to single family dwellings and no structure shall be erected upon any residential building site other than residential dwellings, which shall not exceed two stories in height. (b) TYPE OF BUILDINGS: All buildings shall be of frame, stone, brick, concrete, or block construction and, if other than brick or stone, shall be finished and painted and kept in good repair, and said property shall be used in such manner as to be inoffensive to any other property owners thereof. Page 2 Instrument No. (c) MINIMUM BUILDING SIZE STANDARDS: All residential buildings erected upon said property shall be constructed to and shall conform to FHA (HUD) VA minimum property standards or local codes. 7 (d) BUILDING LOCATION: No dwelling house.or garage or any part thereof or any (bther structure (exclusive of fences and similar structures) sholl be placed nearer than 20 to 25 feet to the front of 15 feet to the rear of the building site on which it is located. No building foundation or wall shall be erected that leaves less''than a 5 foot side yard on one side of the house and a 5 foot side yard . on the opposite side of the house, and upon corner lots all buildings shall be at least 20 feet from the side street line; but this provision shall not apply to garages or other buildings located on the rear quarter of any lot except corner lots. For the purpose of this cov- enant, eaves, steps, chimneys, gutters, and open porches shall not - be considered as a part of the building, PROVIDED HOWEVER, that this shall not be construed to permit any portion of a building or any site to encroach upon any other site. Where it is architecturally possible, it is recommended that all garages be incorporated in and made a part of the dwelling house. LANDSCAPING: (e) BUILfING SITE: A building site shall consist of at least (1) one of the residence tracts as platted in said plat, and as described in a deed or conveyance, or (2) a parcel composed of such resident tracts or portions thereof, the depth and frontage if which parcel shall equal or exceed the depth and frontage of residence tracts as platted in the same block, with a minimum of 6,400 square feet of area and 54 feet of frontage at the building setbatI line. After construction of a dwelling on the building site, the lot shall be landscaped by Buyer within 90 days after occupancy. (f) MOVING OF BUILDINGS - CONSTRUCTION OF OUTBUILDINGS: No buildings or structures shall be moved onto said real property from any land outside of said plat except a new prefabricated structure of a type and design approved by the Architectural Control Committee. Nor trailer houses shall be parked in any street or within buildings set back lines. No trailer, basement, tent, shack, garage, barn, or other outbuilding erected on a tract shall be at,any time used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted. No building of any"kind shall be erected or maintained on a bui,-;ng site prior to the erection of the dwelling house thereon, except that a garage or other small building of permanent construction may be erected for the purpose of storing tools and other articles prior to the erection of a permanent dwelling. (g) PROSECUTION OF CONSTRUCTION WORK: The construction of the dwelling and associated structures shall be prosecuted diligently and continuously from time of commencement thereof until such dwelling and associated structures are fully completed and painted. All - structures shall be completed as to external appearance, including finished painting, within eight (8) months from the date of commenc- ment of construction, unless prevented by causes beyong the control of the owner or builder and only for such time as that cause continues. !' Page 3 Instrument No. (h) OIL AND MINING OPERATIONS: No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall -be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any lot. (i) EXCAVATION, DEFACING OF LANDSCAPE, DITCHES: No excavation for stone, sand, gravel, earth, or minerals shall be made upon a building site unless such excavation is neces- sary in connection with the erection of an improved structure thereon. No irrigation drain or waste water shall be permitted to flow in open ditches td or,on any lot in said subdivision and may be transmitted only as follows: (1) Ditches, if any, to be carried at sufficient depth underground so as not to interfere with the use of such ground. (2) Ditches, if any, are to be carried in sealed underground conduit. (3) Ditches, if any, are to be located only within easement or street right-of-way lines as shown on the plat of said subdivision. (4) The cost of constructing such ditches, if any, shall be paid by the parties installing same. The owners of said subdivision are under no obligation to deliver water or furnish rights of way to any of the lots in this subdivision. (j) SEWAGE DISPOSAL FACILITIES: All lots in SHERI LYNN Subdivision are served by the Meridian City Sewer Plant and must be connected at time of construction. All construction and installation costs shall be paid by the parties installing same. The owners of said Subdivision are under no obligation to pay for any of the costs in- volved for construction or hook -on fees. (k) REFUSE DISPOSAL - MATERIAL STORAGE: No machin- ery, appliance or structure or unsightly material may be stored upon any piece, parcel or portion of said Subdivision. No trash, garbage, ashes, or other refuse may be thrown, dumped, or otherwise disposed of upon the real property; No building site until the Grantee or builder is ready and able to commence construction,. and the such materials shall be placed within the property line of the building site upon which the structure is to be erected. The undersigned shall have the right to enter upon any vacant building site for the pur- pose of burning or removing weeds, brush, growth or refuse. (1) FENCES -HEDGES: No fence, hedge or boundary wall situated anywhere upon any building site shall have a height greater than that allowed by the local controlling ordinance, but in no event whall it be greater than six 6) feet in height above the finished graded surfaceof the ground upon which such fence, hedge, or wall is situated. No fence, wall, hedge, or' shrub planting which obstructs sight lines at elevation between Page 4 Instrument No. (1) FENCES -HEDGES (cont'd) --four 4) and eight 8) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty 20) feet from the inter- section of the street lines, or in the case of a rounder property corner from the intersection of the street property lines extended. The same sightline limitations shall apply on any lot within ten 10) feet from the intersection of a street property line within the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight-linesl (m) NOXIOUS USE OF PROPERTY: No portion of the real property or of a building site or any structure thereon shall be used for the conduct of any trade or business or the conduct of any business or professional activities, and noxious or undesirable acts, or undesirable use of any portion.of the real property is prohibited and shall not be permitted or main- tained. The determination of the undersigned owner that any activity or use is undesirable or noxious shall be conclusive upon all parties. (n) BILLBOARDS - SIGNS: No sign of any kind shall be displayed to the public view on any residential building site except one professional sign of not more than four 4) square feet, or one sign of not more than five 5) square feet adver- tising the property for sale or rent, or signs used by a builder to advertise theproperty, during the construction and sales period. (0) ANIMALS: No livestock, excepting dogs and cats shall be permitted at any time upon the real property of the subdivision. Dogs and cats are permitted only as pets, and no boarding or commercial enterprises will be permitted where such small animals exceed in number those ususally owned by lot or tract owners. III (a) That the owner of said real property, hereinabove described, reserves unto itself, its successors and assigns, or for public dedication by the owner, its successors and assigns, a ten 10) foot right of way across and along the street lines of all lots, a five 5) foot right of way along each side of all lots, and a ten 10) foot right of way along the rear lines of each of said lots, for the purpose of con- structing water mains, electric distribution lines, irrigation ditches, sewer lines, gas pipelines, and such other public utilities as shall be necessary, convenient and desirable for the Grantees and owners of said lots and parcels henceforth; this reservation being intended to provide an easement twenty 20) feet wide centering on the rear lot line of each lot, which easement may be opened as an alley upon the determination and finding of the Zoning Commission of Ada County, or the City of Meridian, that the same is required for the public convenience and health. This provision is made pursuant to Section 6.62 Page 5 Instrument No. III (a) Cont'd of the Ada County Subdivision Ordinance adopted by the Board of County Commissioners of Ada County on September 28, 1959, and the appropriate section of the Meridian City Building and Zoning Code. The easement area of each lot and all im- provements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of water through drainage channel in the easements. (b) An easement is hereby granted to the Idaho Power Company, a corporation, its licensees, successors and assigns, a permanent and perpetual easement and right-of-way, sufficient in width to install and maintain an underground electric power line, including the perpetual right to enter upon the real estate hereinafter described, at all reasonable times, to construct, maintain and repair underground power lines; through, under and across said lands, together with the right, at the sole expense of Grantee, to excavate and refill ditches and trences for the location of said power line, and the further right to remove trees, bushes, sod,flowers, shrubbery, and other obstructions and improvements, interfering with the location, construction and maintenance of said power lines on and across the following premises, belonging to the said owner in Ada County, State of Idaho in the following location, to -wit: In SHERI LYNN SUBDIVISION, Ada County, Idaho, a strip of land ten 10) feet wide, five 5) feet on each side of the boundary line of the actual building sites, running from the street right-of-way or utility easements as shown on the plat to a point or points on said boundary line which are directly opposite from the electrical service entrance facilities on the buildings constructed on the building sites on each side of the boundary line; then, strips of land each ten 10) feet wide, one on'each building site running directly from said point*or points on the boundary line to the cor- respondingly opposite electrical service sites. The actual building site may be alot as shown on SHERI LYNN SUBDIVISION plat or a combination of portions of lots intended to comprise a building site. The electrical system generally will consist of buried power wires, transformers, junction boxes and other equipment, part or which may extend above ground, necessary to serve electrical power to these premises and adjacent premises. IV That these protective restrictions and covenants shall run with the land described herein and shall be binding upon the parties hereto and all successors in title or interest to said real property or any part thereof, until December 30, 1985, at which time said Protective Restrictions and Covenants shall be automatically extended for successive periods of ten 10) years unless the owner or owners of the legal title to not less V That should any Grantee violate or attempt to violate any of the provisions of these Protective Restrictions and Covenants, any other person or persons owning any real property embraced in the said subdivision plat shall have full power and authority to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of the said Protective Restrictions and Covenants, and either to prevent him or them from so doing or to recover damages sustained by reason of such Violation. VI That the invalidation of any provision, sentence, or paragraph contained in these Protective Restrictions and Covenants by judgment or Court Order shall in no way effect or invalidate any of the other Provisions, sentences, or paragraphs of said Protective Restrictions and Covenants, but the same shall be and remain in full force and effect. IN WITNESS THEREOF, the undersigned has hereunto caused its name to be subscribed and its seal affixed, pursuant to a resolution of its Board of Directors, by its President and Secretary this day of of 197 Page 6 g + • -,Instrument No. .4 IV cont'd c.% than two-thirds of the platted residence tracts or platted lots, by an instrument or instruments in writing, duly signed r and acknowledged by them shall then terminate or amend said Protective Restrictions and Covenants, and such termination or amendment shall become effective upon the filing of such instrument or instruments for record in the office of the Recorder of Ada County, Idaho. Such instrument or instru- ments shall contain proper references by volume and page numbers to the record of the plat and the record of this Declaration in which these Protective Restrictions and Covenants are set forth and all amendments hereof. V That should any Grantee violate or attempt to violate any of the provisions of these Protective Restrictions and Covenants, any other person or persons owning any real property embraced in the said subdivision plat shall have full power and authority to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of the said Protective Restrictions and Covenants, and either to prevent him or them from so doing or to recover damages sustained by reason of such Violation. VI That the invalidation of any provision, sentence, or paragraph contained in these Protective Restrictions and Covenants by judgment or Court Order shall in no way effect or invalidate any of the other Provisions, sentences, or paragraphs of said Protective Restrictions and Covenants, but the same shall be and remain in full force and effect. IN WITNESS THEREOF, the undersigned has hereunto caused its name to be subscribed and its seal affixed, pursuant to a resolution of its Board of Directors, by its President and Secretary this day of of 197 June 26, 1979 T0: Meridian City Council Please accept our amended plats for the Sheri Lynn Subdivision for your approval. Amendments have been made in Section II, items (c), (d), and (e). Enclosed are the original covenants and the amended covenants for your inspections. DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS SHERI LYNN SUBDIVISION Dated: Recorded: Instrument No: .40' KNOW ALL MEN BY THESE PRESENT, That the undersigned does hereby certify and declare: I Philip R. Harper, and Carol J. Harper, and Daniel J. Hebden, a single man, dba Doxo Properties owners in fee simple of the following described real property, located in Ada County, Idaho, to -wit: A tract of ground in lot 4 of Section 1, T.3N.,R., 1W.,B.M. Ada County, Idaho more particularly described as'follows: Commencing at a point on the section line which bears South 0°15'15"East 1139.05 feet from the section corner to Sections 1 and 2, T. 3N.,R.1W.,B.M., and to. Section 35 and 36, T. 4N., R. 1W., B.M., thence South 89° 17' East 789.48 feet to a steel pin; thence South 0° 26' West 226.98 feet to a steel pin; thence North 89°20'30" West 786.70 feet to a point on the section line common to saidscctions 1 and 2, thence North 0°15'55" West along the section line 227.81 feet to the point of beginning. II That all of the real property and all lots, parcels or tracts thereof, and any conveyance describing all or any part thereof, either by reference to the official plat of said subdivision or by a number of disignation therein, or otherwise, shall be subject to the restrictions, covenants, reservations, and conditions herein expressed and set forth, and that by the acceptance of such conveyance, assignment, or transfer of interestthe grantee or grantees and their heirs, executors, administrators, successors, and assigns, and each of them, agree with each other as to the property so described or..conveyed in or by such conveyance, as follows: (a) BUILDING RESTRICTIONS: All lots in said sub- division shall be known and described as residential lots and restricted to single family dwellings and no structure shall be erected upon any residential building site other than residential dwellings, which shall not exceed two stories in height. (b) TYPE OF BUILDINGS: All buildings shall be of frame, stone, brick, concrete, or block construction and, if other than brick or stone, shall be finished and painted and kept in good repair, and said property shall be used in such manner as to be inoffensive to any other property owners thereof. Page 2 Instrument No. (c) MINIMUM BUILDING SIZE: All residential buildings erected upon said property shall have a floor area of not less than_135�square feet of ground floor area exclusive of garages, carports, patios, breezeways, storage rooms, a- porches, and similar structures. (d) BUILDING LOCATION: No dwelling house or garage or any part thereof or any other structure (exclusive of fences and similar structures) shall be placed nearer than Z25 feet to the front or 15 feet to the rear of the building ,,x site on which it is located. No building foundation or wall shall be erected that leaves less than a 5 foot side yard on one side of the house and a 5 foot side yard on the opposite side of the house, and upon corner lots all build- ings shall be at least 20 feet from the side street line; but this provision shall not apply to garages or other buildings located on the rear quarter of any lot except corner lots. For the purpose of this covenant, eaves, steps, chimneys, gutters, and open porches shall not be considered as a part of the building, PROVIDED HOWEVER, that this shall not be construed to permit any portion of a building or any site to encroach upon any other site. Where it is architecturally possible, it is recommended that all garages be incorporated in and made a part of the dwelling house. LANDSCAPING: (e) BUILDING SITE: A building site shall consist of at least (1) one of the residence tracts as platted in said plat, and as described in a deed or conveyance, or (2) a parcel composed of such resident tracts or portions thereof, the depth and frontage of which parcel shall equal or exceed the depth and frontage of residence tracts as platted in the same block, with a minimum of 8, 250 feet square of area and 75 -feet of frontage at the building setback line. After construction of a dwelling on the building site, the lot shall be landscaped. (f) MOVING OF BUILDINGS - CONSTRUCTION OF OUTBUILDINGS: : No buildings or structures shall be moved onto said real property from any land outside of said plat except a new prefabricated structure of a type and design approved by the Architectural Control Committee. No trailer houses shall be ,-.parked in any street or within buildings setback lines. No trailer, basement, tent, shack, garage, barn, or other out- building erected on a tract shall be at any time used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted. No building or any kind shall be erected or maintained on a building site prior to the erection of the dwelling house thereon, except that a garage or other small building of permanent construction may be erected for the purpose of storing tools and other articles prior to the erection of a permanent dwelling. (g) PROSECUTION OF CONSTRUCTION WORK: The con- struction of the dwelling and associated structures shall be prosecuted diligently and continuously from time of commence- ment thereof until such dwelling and associated structures are fully completed and painted. All structures shall be completed as to external appearance,including finished painting, within eight months from the date of commencement of con- struction, unless prevented by causes beyond the control of the owner or builder and only for such time as that cause continues. Page 3 Instrument No. (h) OIL AND MINING OPERATIONS: No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any lot. (i) EXCAVATION, DEFACING OF LANDSCAPE, DITCHES: No excavation for stone, sand, gravel, earth, or minerals shall be made upon a building site unless such excavation is neces- sary in connection with the erection of an improved structure thereon. No irrigation drain or waste water shall be permitted to flow in open ditches td or on any lot in said subdivision and may be transmitted only as follows: (1) Ditches, if any, to be carried at sufficient depth underground so as not to interfere with the use of such ground. (2) Ditches, if any, are to be carried in sealed underground conduit. (3) Ditches, if any, are to be located only within easement or street right-of-way lines as shown on the plat of said subdivision. (4) The cost of constructing such ditches, if any, shall be paid by the parties installing same. The owners of said subdivision are under no obligation to deliver water or furnish rights of way to any of the lots in this subdivision. (j) SEWAGE DISPOSAL FACILITIES: All lots in SHERI LYNN Subdivision are served by the Meridian City Sewer Plant and must be connected at time of construction. All construction and installation costs shall be paid by the parties installing same. The owners of -said Subdivision are under no obligation to pay for any of the costs in- volved for construction or hook -on fees. (k) REFUSE DISPOSAL - MATERIAL STORAGE: No machin- ery, appliance or structure or unsightly material may be stored upon any piece, parcel or portion of said Subdivision. No trash, garbage, ashes, or other refuse may be thrown, dumped, or otherwise disposed of upon the real property; No building site until the Grantee or builder is ready and able to commence construction, and the such materials shall be placed within the property line of the building site upon which the structure is to be erected. The undersigned shall have the right to enter upon any vacant building site for the pur- pose of burning or removing weeds, brush, growth or refuse. (1) FENCES -HEDGES: No fence, hedge or boundary wall situated anywhere upon any building site shall have a height greater than that allowed by the local controlling ordinance, but in no event whall it be greater than six 6) feet in height above the finished graded surfaceof the ground upon which such fence, hedge, or wall is situated. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevation between Page 4 Instrument No. (1) FENCES -HEDGES (cont'd) --four 4) and eight 8) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty 20) feet from the inter- section of the street lines, or in the case of a rounder property corner from the intersection of the street property lines extended. The same sightline limitations shall apply on any lot within ten 10) feet from the intersection of a street property line within the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight-linesl (m) NOXIOUS USE OF PROPERTY: No portion of the real property or of a building site or any structure thereon shall be used for the conduct of any trade or business or the conduct of any business or professional activities, and noxious or undesirable acts, or undesirable use of any portion of the real property is prohibited and shall not be permitted or main- tained. The determination of the undersigned owner that any activity or use is undesirable or noxious shall be conclusive upon all parties. (n) BILLBOARDS - SIGNS: No sign of any kind shall be displayed to the public view on any residential building site except one professional sign of not more than four 4) square feet, or one sign of not more than five 5) square feet adver- tising the property for sale or rent, or signs used by a builder to advertise theproperty, during the construction and sales period. (0) ANIMALS: No livestock, excepting dogs and cats shall be permitted at any time upon the real property of the subdivision. Dogs and cats are permitted only as pets, and no boarding or commercial enterprises will be permitted where such small animals exceed in number those ususally owned by lot or tract owners. III (a) That the owner of said real property, hereinabove described, reserves unto itself, its successors and assigns, or for public dedication by the owner, its successors and assigns, a ten 10) foot right of way across and along the street lines of all lots, a five 5) foot right of way along each side of all lots, and a ten 10) foot right of way along the rear lines of each of said lots, for the purpose of con- structing water mains, electric distribution lines, irrigation ditches, sewer lines, gas pipelines, and such other public utilities as shall be necessary, convenient and desirable for the Grantees and owners of said lots and parcels henceforth; this reservation being intended to provide an easement twenty 20) feet wide centering on the rear lot line of each lot, which easement may be opened as an alley upon the determination and finding of the Zoning Commission of Ada County, or the City of Meridian, that the same is required for the public convenience and health. This provision is made pursuant to Section 6.62 Page 5 Instrument No. III (a) Cont'd of the Ada County Subdivision Ordinance adopted by the Board of County Commissioners of Ada County on September 28, 1959, and the appropriate section of the Meridian City Building and Zoning Code. The easement area of each lot and all im- provements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of water through drainage channel in the easements. (b) An easement is hereby granted to the Idaho Power Company, a corporation, its licensees, successors and assigns, a permanent and perpetual easement and right-of-way, sufficient in width to install and maintain an underground electric power line, including the perpetual right to enter upon the real estate hereinafter described, at all reasonable times, to construct, maintain and repair underground power lines; through, under and across said lands, together with the right, at the sole expense of Grantee, to excavate and refill ditches and trences for the location of said power line, and the further right to remove trees, bushes, sod,flowers, shrubbery, and other obstructions and improvements, interfering with the location, construction and maintenance of said power lines on and across the following premises, belonging to the said owner in Ada County, State of Idaho in the following location, to -wit: In SHERI LYNN SUBDIVISION, Ada County, Idaho, a strip of land ten 10) feet wide, five 5) feet on each side of the boundary line of the actual building sites, running from rhe street right-of-way or utility easements as shown on the plat to a point or points on said boundary line which are directly opposite from the electrical service entrance facilities on the buildings constructed on the building sites -on each side of the boundary line; then, strips of land each ten 10) feet wide, one on each building site running directly from said point or points on the boundary line to the'cor- respondingly opposite electrical service sites. The actual building site may be alot as shown on SHERI LYNN SUBDIVISION plat or a combination of portions of lots intended to comprise a building site. The electrical system generally will consist of buried power wires, transformers, junction boxes and other equipment, part or which may extend above ground, necessary to serve electrical power to these premises and adjacent premises. IV That these protective restri(_tions and covenants shall run with the land described herein and shall be binding upon the parties hereto and all successors in title or interest to said real property or any part thereof, until December 30, 1985, at which time said Protective Restrictions and Covenants shall be automatically extended for successive Periods of ten 10) years unless the owner or owners of the legal title to not less Page 6 Instrument No. IV cont'd than two-thirds of the platted residence tracts or platted lots, by an instrument or instruments in writing, duly signed and acknowledged by them shall then terminate or amend said Protective Restrictions and Covenants, and such termination or amendment shall become effective upon the filing of such ow instrument or instruments for record in the office of the Recorder of Ada County, Idaho. Such instrument or instru- ments shall contain proper references by volume and page numbers to the record of the plat and the record of this Declaration in which these Protective Restrictions and Covenants are set forth and all amendments hereof. V That should any Grantee violate or attempt to violate any of the provisions of these Protective Restrictions and Covenants, any other person or persons owning any real property embraced in the said subdivision plat shall have full power and authority to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of the said Protective Restrictions and Covenants, and either to prevent him or them from so doing or to recover damages sustained by reason of such violation. VI That the invalidation of any provision, sentence, or paragraph contained in these Protective Restrictions and Covenants by judgment or Court Order shall in no way effect or invalidate any of the other- Provisions, sentences, or paragraphs of said Protective Restrictions and Covenants, but the same shall be and remain in full force and effect. IN WITNESS THEREOF, the undersigned has hereunto caused its name to be subscribed and its seal affixed, pursuant to a resolution of its Board of Directors,.by its President and Secretary this day of , of 197 AFFIDAVIT OF CLARIFICATION AND AMENDMENT OF DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS SHERI LYNN SUBDIVISION Dated: Recorded: Instrument No: KNOW ALL MEN BY THESE PRESENT, That the undersigned does hereby certify and declare: Philip R. Harper, and Carol J. Harper, and ,Daniel J. Hebden, a single man, dba Doxo Properties owners in fee simple of the following described real property, located in Ada County, Idaho, to -wit: A tract of ground in lot 4 of Section 1, T.3N.,R., 1W.,B.M. Ada County, Idaho more particularly described as:_fol.lows Commencing at a point on the section line which bears South 0°15'15"East 1139.05 feet from the section corner to Sections 1 and 2, T. 3N.,R.1W.,B.M., and to Section 35 and 36, T. 4N., R. 1W., B.M., thence South 89° 17' East 789.48 feet to a steel pin; thence South 0° 26' West 226.98 feet to a steel pin; thence North 89°20'30" West 786.70 feet to a point on the section line common to saidsections 1 and 2, thence North 0°15'55" West along the section line 227.81 feet to the point of beginning. II That all of the real property and all lots, parcels or tracts thereof, and any conveyance describing all or any part thereof, either by reference to the official plat of said subdivision or by a number of disignation therein, or otherwise, shall be subject to the restrictions, covenants, reservations, and conditions herein expressed and set forth, and that by the acceptance of such conveyance, assignment, or transfer of interestthe grantee or grantees and their heirs, executors, administrators, successors, and assigns, and each of them, agree with each other as to the property so described - or: -.conveyed in or by such conveyance, as follows: (a) BUILDING RESTRICTIONS: All lots in said sub- division shall be known and described as residential lots and restricted to single family dwellings and no structure shall be erected upon any residential building site other than residential dwellings, which shall not exceed two stories in height. (b) TYPE OF BUILDINGS: All buildings shall be of frame, stone, brick, concrete, or block construction and, if other than brick or stone, shall be finished and painted and kept in good repair, and said property shall be used in such manner as to be inoffensive to any other property owners thereof. 19W Page 2 Instrument No. (c) MINIMUM BUILDING SIZE: All residential buildings erected upon said property shall have a floor area of not less than 1350 square feet of area exclusive of garages, carports, patios, breeze- ways, storage rooms, porches, and similar structures. (d) BUILDING LOCATION: No dwelling house or garage or any part thereof or any other structure (exclusive of fences and similar structures) shall be placed nearer than 20 to 25 feet to the front of 15 feet to the rear of the building site on which it is located. No building foundation or wall shall be erected that leaves less than a 5 foot side yard on.one side of the house and a 5 foot side yard on the opposite side of the house, and upon corner lots all buildings shall be at least 20 feet from the side street line; but this provision shall not apply to garages or other buildings located on the rear quarter of any lot except corner lots. For the purpose of this cov- enant, eaves, steps, chimneys, gutters, and open porches shall not be considered as a part of the building, PROVIDED HOWEVER, that this shall not be construed to permit any portion of a building or any site to encroach upon any other site. Where it is architecturally possible, it is recommended that all garages be incorporated in and made a part of the dwelling house. LANDSCAPING: (e) BUILDING SITE: A building site shall consist of at least (1) one of the residence tracts as platted in said plat, and as described in a deed or conveyance, or (2) a parcel composed of such resident tracts or portions thereof, the depth and frontage if which parcel shall equal or exceed the depth and frontage of residence tracts as platted in the same block, with a minimum of 6,400 square feet of area and 54 feet of frontage at the building setback line. After construction of a dwelling on the building site, the lot shall be landscaped by Buyer within 90 days after occupancy. (f) MOVING OF BUILDINGS - CONSTRUCTION OF OUTBUILDINGS: No buildings or structures shall be moved onto said real property from any land outside of said plat except a new prefabricated structure of a type and design approved by the Architectural Control Committee. Nor trailer houses shall be parked in any street or within buildings set back lines. No trailer, basement, tent, shack, garage, barn, or other outbuilding erected on a tract shall be at any time used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted. No building of any kind shall be erected or maintained on a building site prior to the erection of the dwelling house thereon, except that a garage or other small building of permanent construction may be erected for the purpose of storing tools and other articles prior to the erection of a permanent dwelling. (g) PROSECUTION OF CONSTRUCTION WORK: The construction of the dwelling and associated structures shall be prosecuted diligently and continuously from time of commencement thereof until such dwelling and associated structures are fully completed and painted. All structures shall be completed as to external appearance, including finished painting, within eight (8) months from the date of commenc- ment of construction, unless prevented by causes beyong the control of the owner or builder and only for such time as that cause continues. Page 3 Instrument No. (h) OIL AND MINING OPERATIONS: No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any lot. (i) EXCAVATION, DEFACING OF LANDSCAPE, DITCHES: No excavation for stone, sand, gravel, earth, or minerals shall be made upon a building site unless such excavation is neces- sary in connection with the erection of an improved structure thereon. No irrigation drain or waste water shall be permitted to flow in open ditches to or on any lot in said subdivision and may be transmitted only as follows: (1) Ditches, if any, to be carried at sufficient depth underground so as not to interfere with the use of such ground. (2) Ditches, if any, are to be carried in sealed underground conduit. (3) Ditches, if any, are to be located only within easement or street right-of-way lines as shown on the plat of said subdivision. (4) The cost of constructing such ditches, if any, shall be paid by the parties installing same. The owners of said subdivision are under no obligation to deliver water or furnish rights of way to any of the lots in this subdivision. (j) SEWAGE DISPOSAL FACILITIES: All lots in SHERI LYNN Subdivision are served by the Meridian City Sewer Plant and must be connected at time of construction. All construction and installation costs shall be paid by the parties installing same. The owners of -'said Subdivision are under no obligation to pay for any of the costs in- volved for construction or hook -on fees. (k) REFUSE DISPOSAL - MATERIAL STORAGE: No machin- ery, appliance or structure or unsightly material may be stored upon any piece, parcel or portion of said Subdivision. No trash, garbage, ashes, or other refuse may be thrown, dumped, or otherwise disposed of upon the real property; No building site until the Grantee or builder is ready and able to commence construction, and the such materials shall be placed within the property line of the building site upon which the structure is to be erected. The undersigned shall have the right to enter upon any vacant building site for the pur- pose of burning or removing weeds, brush, growth or refuse. (1) FENCES -HEDGES: No fence, hedge or boundary wall situated anywhere upon any building site shall have a height greater than that allowed by the local controlling ordinance, but in no event whall it be greater than six 6) feet ir, height above the finished graded surfaceof the ground upon which such fence, hedge, or wall is situated. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevation between J. Page 4 Instrument No. (1) FENCES -HEDGES (cont'd) -----four 4) and eight 8) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty 20) feet from the inter- section of the street lines, or in the case of a rounder property corner from the intersection of the street property lines extended. The same sightline limitations shall apply on any lot within ten 10) feet from the intersection of a street property line within the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight-linesl (m) NOXIOUS USE OF PROPERTY: No portion of the real property or of a building site or any structure thereon shall be used for the conduct of any trade or business or the conduct of any business or professional activities, and noxious or undesirable acts, or undesirable use of any portion of the real property is prohibited and shall not be permitted or main- tained. The determination of the undersigned owner that any activity or use is undesirable or noxious shall be conclusive upon all parties. (n) BILLBOARDS - SIGNS: No sign of any kind shall be displayed to the public view on any residential building site except one professional sign of not more than four 4) square feet, or one sign of not more than five 5) square feet adver- tising the property for sale or rent, or signs used by a builder to advertise theproperty, during the construction and sales period. (0) ANIMALS: No livestock, excepting dogs and cats shall be permitted at any time upon the real property of the subdivision. Dogs and cats are permitted only as pets, and no boarding or commercial enterprises will be permitted where such small animals exceed in number those ususally owned by lot or tract owners. III (a) That the owner of said real property, hereinabove described, reserves unto itself, its successors and assigns, or for public dedication by the owner, its successors and assigns, a ten 10) foot right of way across and along the street lines of all lots, a five 5) foot right of way along each side of all lots, and a ten 10) foot right of way along the rear lines of each of said lots, for the purpose of con- structing water mains, electric distribution lines, irrigation ditches, sewer lines, gas pipelines, and such other public utilities as shall be necessary, convenient and desirable for the Grantees and owners of said lots and parcels henceforth; this reservation being intended to provide an easement twenty 20) feet wide centering on the rear lot line of each lot, which easement may be opened as an alley upon the determination and finding of the Zoning Commission of Ada County, or the City of Meridian, that the same is required for the public convenience and health. This provision is made pursuant to Section 6.62 10 Page 5 Instrument No. III (a) Cont'd of the Ada County Subdivision Ordinance adopted by the Board of County Commissioners of Ada County on September 28, 1959, and the appropriate section of the Meridian City Building and Zoning Code. The easement area of each lot and all im- provements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of water through drainage channel in the easements. (b) An easement is hereby granted to the Idaho Power Company, a corporation, its licensees, successors and assigns, a permanent and perpetual easement and right-of-way, sufficient in width to install and maintain an underground electric power line, including the perpetual right to enter upon the real estate hereinafter described, at all reasonable times, to construct, maintain and repair underground power lines; through, under and across said lands, together with the right, at the sole expense of Grantee, to excavate and refill ditches and trences for the location of said power line, and the further right to remove trees, bushes, sod,flowers, shrubbery, and other obstructions and improvements, interfering with the location, construction and maintenance of said power lines on and across the following premises, belonging to the said owner in Ada County, State of Idaho in the following location, to -wit: In SHERI LYNN SUBDIVISION, Ada County, Idaho, a strip of land ten 10) feet wide, five 5) feet on each side of the boundary line of the actual building sites, running from the street right-of-way or utility easements as shown on the plat to a point or points on said boundary line which are directly opposite from the electrical service entrance facilities on the buildings constructed on the building sites on each side of the boundary line; then, strips of land each ten 10) feet wide, one on each building site running directly from said point or points on the boundary line to the cor- respondingly opposite electrical service sites. The actual building site may be alot as shown on SHERI LYNN SUBDIVISION plat or a combination of portions of lots intended to comprise a building site. The electrical system generally will consist of buried power wires, transformers, junction boxes and other equipment, part or which may extend above ground, necessary to serve electrical power to these premises and adjacent premises. IV That these protective restrictions and covenants shall run with the land described herein and shall be binding upon the parties hereto and all successors in title or interest to said real property or any part thereof, until December 30, 1985, at which time said Protective Restrictions and Covenants shall be automatically extended for successive periods of ten 10) years unless the owner or owners of the legal title to not less F, Page 6 Instrument No. IV cont'd than two-thirds of the platted residence tracts or platted lots, by an instrument or instruments in writing, duly signed and acknowledged by them shall then terminate or amend said Protective Restrictions and Covenants, and such termination or amendment shall become effective upon the filing'of such instrument or instruments for record in the office of the Recorder of Ada County, Idaho. Such instrument or instru- ments shall contain proper references by volume and page numbers to the record of the plat and the record of this Declaration in which these Protective Restrictions and Covenants are set forth and all amendments hereof. V That should any Grantee violate or attempt to violate any of .the provisions of these Protective Restrictions and Covenants, any other person or persons owning any real property embraced in the said subdivision plat shall have full power and authority to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of the said Protective Restrictions and Covenants, and either to prevent him or them from so doing or to recover damages sustained by reason of such violation. VI That the invalidation of any provision, sentence, or paragraph contained in these Protective Restrictions and Covenants by judgment or Court Order shall in no way effect or invalidate any of the other Provisions, sentences, or paragraphs of said Protective Restrictions and Covenants, but the same shall be and remain in full force and effect. IN WITNESS THEREOF, the undersigned has hereunto caused its name to be subscribed and its seal affixed, pursuant to a resolution of its Board of Directors, by its President and Secretary this day of , of 197 DEC 8 19T' L_ DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS _,� SUBDIVISION 640 Dated: Recorded: Instrument No: KNOW ALL MEN BY THESE PRESENT, That the undersigned does hereby certify and declare: .I Philip R. Harper, and arol J r er, and Daniel J. Hebden, a single man, dba Doxo Pro erties.owners in fee simple of the following deg"cribed real property, located in Ada County, Idaho, to -wit: A tract of ground in lot 4 of Section 1, T.3N.,R., 1W.,B.M. Ada County, Idaho more particularly described as:_follows Commencing at a point on the section line which bears South 0°15'15"East 1139.05 feet from the section corner to Sections 1 and 2, T. 3N.,R.1W.,B.M., and to Section 35 and 36, T. 4N., R. 1W., B.M., thence South 89° 17' East 789.48 feet to a steel pin; thence South 0° 26' West 226.98 feet to a steel pin; thence North 89°20'30" West 786.70 feet to a point on the section line common to saidsnctions 1 and 2, thence North 0°15'55" West along the section line 227.81 feet to the point of beginning. II That all of the real property and all lots, parcels or tracts thereof, and any conveyance describing all or any part thereof, either by reference to the official plat of said subdivision or by a number of disignation therein, or otherwise, shall be subject to the restrictions, co -Tenants, reservations, and conditions herein expressed and set forth, and that by the acceptance of such conveyance, assignment, or transfer of interest the grantee or grantees and their heirs, executors, administrators, successors, and assigns, and each of them, agree with each other as to the property so described or...conveyed in or by such conveyance, as follows: (a) BUILDING RESTRICTIONS: All lots in said sub- division shall be known and described as residential lo -~s and restricted to single family dwellings and no structure shall be erected upon any residential building site other than residential dwellings, which shall not exceed two stories in height. (b) TYPE OF BUILDINGS: All buildings shall be of frame, stone, brick, concrete, or block construction and, if other than brick or stone, shall be finished and painted and kept in good repair, and said property shall be used in such manner as to be inoffensive to any other property owners thereof. Page 2 Instrument No. (c) MINIMUM BUILDING SIZE: All residential buildings erected upon said property shall have a floor area of not less than 135Csquare feet of ground floor area exclusive of garages, carports, patios, breezeways, storage rooms, porches, and similar structures. (d) BUILDING LOCATION: No dwelling house or garage or any part thereof or any other structure (exclusive of fences and similar structures) shall be placed nearer than 25 feet to the front or 15 feet to the rear of the building site on which it is located. No building foundation or wall shall be erected that leaves less than a 5 foot side yard on one side of the house and a 5 foot side yard on the opposite side of the house, and upon corner lots all build- ings shall be at least 20 feet from the side street line; but this provision shall not apply to garages or other buildings located on the rear quarter of any lot except corner lots. For the purpose of this covenant, eaves, steps, chimneys, gutters, and open porches shall not be considered as a part of the building, PROVIDED HOWEVER, that this shall not be construed to permit any portion of a building or any site to encroach upon any other site. Where it is architecturally possible, it is recommended that all garages be incorporated in and made a part of the dwelling house. LANDSCAPING: (e) BUILDING SITE: A building site shall consist of at least (1) one of the residence tracts as platted in said plat, and as described in a deed or conveyance, or (2) a parcel composed of such resident tracts or portions thereof, the depth and frontage of which parcel shall.equal or exceed the depth and frontage of residence tracts as platted in the same block, with a minimum of 8, 250 feet square of area and 75 feet of frontage at the building setback line. After construction of a dwelling on the building site, the lot shall be landscaped. (f) MOVING OF BUILDINGS - CONSTRUCTION OF OUTBUILDINGS: No buildings or structures shall be moved onto said real property from any land outside of said plat except a new prefabricated structure of a type and design -approved by the Architectural Control Committee. No trailer houses shall be parked in any street or within buildings setback lines. No trailer, basement, tent, shack, garage, barn, or other out- building erected on a tract shall be at any time used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted. No building or any kind shall be erected or maintained on a buildingsite prior to the erection of the dwelling house thereon, except that a garage or other small building of permanent construction may erected for the purpose of storing tools and other articles prior to the erection of a permanent dwelling. (g) PROSECUTION OF CONSTRUCTION wORK: The con- struction of the dwelling and associated structures shall be prosecuted diligently and continuously from time of commence- ment thereof until such dwelling and associated structures are fully completed and painted. All structures shall be completed as to external appearance,including finished painting, within eight months from the date of commencement.of con- struction, unless prevented by causes beyond the control of the owner or builder and only for such time as that cause continues. Page 3 Instrument No. (h) OIL AND MINING OPERATIONS: No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted.F;oo-any lot. (i) EXCAVATION, DEFACING OF LANDSCAPE; DITCHES: No excavation for stone, sand, gravel, earth, or minerals shall be made upon a building site unless such excavation is neces- sary in connection with the erection of an improved structure thereon. No irrigation drain or waste water shall be permitted to flow in open ditches to or on any lot in said subdivision and may be transmitted only as follows: (1) Ditches, if any, to be carried at sufficient depth underground so as not to interfere with the use of such ground. (2) Ditches, if any, are to be carried in sealed underground conduit. (3) Ditches, if any, are to be located only within easement or street right-of-way lines as shown on the plat of said subdivision. (4) The cost of constructing such ditches, if any, shall be paid by the parties installing same. The owners of said subdivision are under no obligation to deliver water or furnish rights of way to any of the lots in this subdivision. (j) SEWAGE DISPOSAL FACILITIES: All lots in SHERI LYNN Subdivision are served by the Meridian City Sewer Plant and must be connected at time of construction. All construction and installation costs shall be paid by the parties installing same. The owners of said Subdivision are under no obligation to pay for any of the costs in- volved for construction or hook -on fees. (k) REFUSE DISPOSAL - MATERIAL STORAGE: No machin- ery, appliance or structure or unsightly material may be stored upon any piece, parcel or portion of said Subdivision. No trash, garbage, ashes, or other refuse may be thrown, dumped, or otherwise disposed of upon the real property; No building site until the Grantee or builder is read- and able to commence construction, and the such materials shall be placed within the property line of the building site upon which the structure is to be.erected. The undersigned shall have the right to enter upon any vacant building site for the pur- pose of burning or removing weeds, brush, growth or refuse. (1) FENCES -HEDGES: No fence, hedge or boundary wall situated anywhere upon any building site shall have a height greater than that allowed by the local controlling ordinance, but in no event whall it be greater than six 6) feet in height above the finished graded surfaceof the g-xound upon which such fence, hedge, or wall is situated. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevation between Page 4 Instrument No. (1) FENCES -HEDGES (cont'd) -----four 4) and eight 8) feet above the roadways shall be placed or permitted to remain on any corner_lot within the triangular area formed by the street property lines and a line connecting them at points twenty 20) feet.from the inter- section of the street lines, or in the case of a rounder property corner from the intersection of the street property lines extended. The same sightline limitations shall apply on any lot within ten 10) feet from the intersection of a street property line within the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight-linesl (m) NOXIOUS USE OF PROPERTY: No portion of the real property or of a building site or any structure thereon shall be used for the conduct of any trade or business or the conduct of any business or professional activities, and noxious or undesirable acts, or undesirable use of any portion of the real property is prohibited and shall not be permitted or main- tained. The determination of the undersigned owner that any activity or use is undesirable or noxious shall be conclusive upon all parties. (n) BILLBOARDS - SIGNS: No sign of any kind shall be displayed to the public view on any residential building site except one professional sign of not more than four 4) square feet, or one sign of not more than five 5) square feet adver- tising the property for sale or rent, or signs used by a builder to advertise theproperty, during the construction and sales period. (0) ANIMALS: No livestock, excepting dogs and cats shall be permitted at any time upon the real property of the subdivision. Dogs and cats are permitted only as pets, and no boarding or commercial enterprises will be permitted where such small animals exceed in number those ususally owned by lot or tract owners. III (a) That the owner of said real property, hereinabove described, reserves unto itself, its successors and assigns, or for public dedication by the owner, its successors and assigns, a ten 10) foot right of way across and along the street lines of all lots, a five 5) foot right of way along each side of all lots, and a ten 10) foot right of way along the rear lines of each of said lots, for the purpose of con- structing water mains, electric distribution lines, irrigation ditches, sewer lines, gas pipelines, and such other public utilities as shall be necessary, convenient and desirable for the Grantees and owners of said lots and parcels henceforth; this reservation being intended to provide an easement twenty 20) feet wide centering on the rear lot line of each lot, which easement may be opened as an alley upon the determination and finding of the Zoning Commission of Ada County, or the City of Meridian, that the same is required for the public convenience and health. This provision is made pursuant to Section 6.62 Page 5 Instrument No. III (a) Cont'd of the Ada County Subdivision Ordinance adopted by the Board of County Commissioners of Ada County on September 28, 1959, and the appropriate section of the Meridian City Building and Zoning Code. The easement area of each lot and all im- provements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of water through drainage channel in the easements. (b) An easement is hereby granted to the Idaho Power Company, a corporation, its licensees, successors and assigns, a permanent and perpetual easement and right-of-way, sufficient in width to install and maintain an underground electric power line, including the perpetual right to enter upon the real estate hereinafter described, at all reasonable times, to construct, maintain and repair underground power lines; through, under and across said lands, together with the right, at the sole expense of Grantee, to excavate and refill ditches and trences for the location of said power line, and the further right to remove trees, bushes, sod,flowers, shrubbery, and other obstructions and improvements, interfering with the location, construction and maintenance of said power lines on and across the following premises, belonging to the said owner in Ada County, State of Idaho in the following location, -to -wit: In SHERI LYNN SUBDIVISION, Ada County, Idaho, a strip of land ten 10) feet wide, five 5) feet on each side of the boundary line of the actual building sites, running from the street right-of-way or utility easements as shown on the plat to a point or points on said boundary line which -are directly opposite from the electrical service entrance facilities on the buildings constructed on the building sites,oxn each side of the boundary line; then, strips of land each ten 10) feet wide, one on each building site running directly from said point or points on the boundary line to the cor- respondingly opposite electrical service sites. The actual building site may be alot as shown on SHERI LYNN SUBDIVISION plat or a combination of portions of lots intended to comprise a building site. The electrical system generally will consist of buried power wires, transformers, junction boxes and other equipment, part or which may extend above ground, necessary to serve electrical power to these premises and adjacent premises. IV That these protective restrictions and covenants shall run with the land described herein and shall be binding upon the parties hereto and all successors in title or interest to said real property or any part thereof, until December 30, 1985, at which time said Protective Restrictions and Covenants shall be automatically extended for successive Periods of ten 10) years unless the owner or owners of the legal title to not less Page 6 Instrument No. IV cont ' d than.two-thirds of the platted residence tracts or platted lots, by an instrument or instruments in writing, duly signed and acknowledged by them shall then terminate or amend said Protective Restrictions and Covenants, and such termination or amendment shall become effective upon the filing'of such instrument or instruments for record in the office of the Recorder of Ada County, Idaho. Such instrument or instru- ments shall contain proper references by volume and page numbers to the record of the plat and the record of this Declaration in which these Protective Restrictions and Covenants are set forth and all amendments hereof. U That should any Grantee violate or attempt to violate any of the provisions of these Protective Restrictions and Covenants, any other person or persons owning any real property embraced in the said subdivision plat shall have full power and authority to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of the said Protective Restrictions and Covenants, and either to prevent him or them from so doing or to recover damages sustained by reason of such violation. VI That the invalidation of any provision, sentence, or paragraph contained in these Protective Restrictions and Covenants by judgment or Court Order shall in no way effect or invalidate any of the other Provisions, sentences, or paragraphs of said Protective Restrictions and Covenants, but the same shall be and remain in full force and effect. IN WITNESS THEREOF, the undersigned has hereunto caused its name to be subscribed and its seal affixed, pursuant to a resolution of its Board of Directors, by its President and Secretary this day of ,.of 197 J -U -B ENGINEERS, INC. 5903 Franklin Road • Boise, Idaho 83705 Project: 7944 Date: November 9, 1978 DESCRIPTION FOR PROPOSED SHERI LYNN SUBDIVISION PORTION OF GOVERNMENT LOT 4, NW 1/4, SECTION 1, T.3N., R.1W.9, B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in Government Lot 4 of the NW 1/4 of section 1, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at the northwest corner of the said Government Lot 4 of the NW 1/4 of Section 1; thence South 0°00'2911 East 1,138.54 feet along the Westerly boundary of the said Government Lot 4 of the NW 1/4 of Section 1 to a point, also said point being the REAL POINT OF BEGINNING; thence continuing South 0000129" East 227.71 feet along the said Westerly boundary of Government Lot 4 of the NW 1/4 of Section 1 to a point marking the Southwest corner of the said Government Lot 4 of the NW 1/4 of Section 1; thence South 89°15'40" East 786.74 feet along the Southerly boundary of the - said Government Lot 4 of the NW 1/4 of Section 1 to a point; Othence North 0040'46" East 224.60 feet to a point; thence North 89°02'14" West 789.48 feet to the point of beginning, comprising 4.09 acres, more or less. D -Prepared By: - p J U B ENGINEERS, Inc. u Gary L. Rodenspiel, L.S. NOTE: Survey data for the above written description was compiled from data of record and calculated data and not from an actual field survey. MLF/JDW:cc ' APPLICATION FOR SUBDMSION APPROVAL Meridian Planning do Zoning Commission Applications must be presented at _City hall by the Socond Monday of the Month for Planning Zoning • Filing Information a• GENE) AL INFORMATICN ' Sheri Lynn Subdivision (Proposed Name of Subdivision) North of Cherry Lane & East of Linder Road General Location Attached Legal Description - Attach if Lengthy . Phillip &Carol Harper 376-3728 Owner a of Record (Name Telephone No., 150 Rainbow Drive, Boise, Idaho 83704 . Address Phillip &•Carol Harper 376-3728 Applicant (Name) Telephone No., 150 Rainbow Drive •. (.�sidress �;. J -U -B ENGINEERS, Inc. 336-5850 Engineer, Surveyor or Planner (Name) (Telephone Vo., 5903 Franklin Road Address City of Meridian (Jurisdiction( a) Requiring Approval) Residential (Typo of Subdivision--hesidcntialt Corrmeroialg Industrial Accepted bys) Data • XI* SUBDIVISION FEATURES . . •.le 4.11 Acres 16 Number of Lots 70 x 100 Dimensions of Lots 2e None Acres of Land in Contiguous Ownership . 3. 7000 Minimum Lot Sizes Existing Zoning Classification "A" Residential Has Request Been Made to Change Zoning? X • . yes no 6• Zoning Request do Under What Name? N/A ' III. IMPROvmm- TS PROPOSED AND REQwnm Ordinance Proposed conformance . (applicant) (staff) I* Street Standard 601 Right of Way 50' right-of-way Other Request & 5 Easement each side • 2e Curb and Gutter (Type) ACRD Standards 3e Sidewalks Location & Widths 5 Foot Alleys 4e Street-Names See Plat Must not conflict with Grid system 5e Domestic Water Supply (a) (Individual) (aell) (b) (Central) (City) City • (c) (Location of existing lines) Linder (d) (Location of proposed lines) 6• Method of Sewage Disposal (a) (Individual) (b) (Central) City • (c) (Locations of existing lines) ' (d) (Locations of proposed lines) 7e Method of Storm Water Disposal (a) (location of existing lines) Surface (b) (Location of proposed lines) 8. Irrigation Water Supply Provided (If irrigation water supply not yes no provided, has area been withdrawn from District?) `� X _ yes no 9e Power and Phone (a) (Underground) Yes (b) (Overhead) 10e Natural Gas Yes Ile' Other Utility As required • •III. Continued 12. Are Easements for 5,6,798,91P 10t 11, Provided and where located? Yes, as required, •.13. Are Fire Hydrants Provided, As required ' where located? ' 14.` Are Street Lights Provided, : where located?. No Area to be dedicated to publie'or ' semi-public areas. ' •(a) School Sito(s) No ' •(b) Public park site(s) ° (o) Common area for residents No (d) Water supply, pumphouse No e) Sewage disposal area No f) Other None 16. Location of existing dedicated streets and their widths at the point i=ediately adjacent to proposed development. West Linder'80' right-of-way. 30 Yi-s 17. Vicinity Map (scale 1"'m 3001) -- A- copies 18. Contour map of area. On tentative . 19. Existing Buildingse to remain or be removed? None 30 20. 1" = 1001 drawings showing general'plari, and adjacent subdivision --W copies. Yes 21• Proposed protective covenants. No 22. Examination by city Engineer. IV* BUILDING PROGRAM (To be completed by applicant) 1. Type of buildings (Residential, Commercial, Industrial, Combination) Residential 2. Type of dwellings (Single-family, duple=es, multi -family (rental), multi- family (sale), combination) Single Family Oarages Attached Yes Basements Water Tab24,Study No Detached Driveway width Off street parking Yes Typical Building Price Range 45-60,000 2 space per unit 1 Story . Building Material Frame • ,Ib ' V• RMTRICTICN3 AND DESIGN INFORMATION Ordinance Proposed conformance . •. (applicant) (staff) Single Family ' . 1• Allowed Land Uses • .29 Minimum Lot Area+ ':•• 7000 • 25' 3o Minimum Lot Frontage ' ' • Minimum Lot Width Wront Setback 60 ' 50 Minimum Lot Depth ' : .. , 100' -Front Setback • 20' 7• Side Setback :. •� 4 •' 8. Side Street Setback 10' 9• Rear Setback 15' •10• Percentage of Lot Coverage. 35% VI• SPECIAL DISTRICTS (Staff) Name Approval 1•School District 2• Fire District (or Depto) j. Sewer District (or City) - 4e Irrigation District 5• Water Company or District 6• Other (Name, Purpose) VUq 'RECORD OF APPROVAL (Staff) . „ Preliminary (date). Final (date) 1. Technical Review Committee ' 2• County Planning Commission ' 3• C—ity Plan. Comm. Nam--- 4• County Survoyor (Final Only) 5. County Highway District (Final Only) - 60 City Council ' __.__ N amo . 7. Board of Ad& County Coamissionors ..: (Final only) . • Vnl• RECORDING DATA (Staff • q I* Date Book Page Instrument Number • 2. Covenants Recorded: Date Book Page ' ' Instrument Numoer .' • . ' t• • •. •. • •• • • • :f .. tit • •i• • . • • : : • • SHERI LYNN SUBDIVISION 'ms.w.. Yeo L n..Pa.d aeaPn m.e r LW- V- W- LLm P _z APPLICATION FOR SUBDIVISION APPROVAL Meridian Planning & Zoning Commission Applications gaunt be presented at City Hall by the Second Monday of _ the Month for Planning & Zoning • Filing Information I* GENERAL INFORMATICN Sheri Lvnn Subdivision d Name of Subdivisi North of Cherry Lane & East of Linder Road General Location Attached Legal Description - Attach if Lengthy Phillip &.Carol Harper 376-3728 Owner a of Record (Name) Telephone Eo.) 150 Rainbow Drive, Boise, Idaiio 83704 . Address Phillip &•Carol Harper 376-3728 (Applicant (Name) Telephone No.) 150 Rainbow Drive •. Address, , J -U -B ENGINEERS, Inc. 336-5850 Engineer, Surveyor or Planner (Name) (Telephone No.) 5903 Franklin Road Address City of Meridian Jurisdiotion s Requiring Approval Residential - Typo of Subdivision--Rosidcntial, Comnoroial, Induotrial /►000pted byi Date Fed ' XI* SUBDIVISION FEATURES ' 4.11 Acres 16 Number of Lots 70 x 100 Dimensions of Lots 2• None Acres of Land in Contiguous Ownership • 3. 7000 Minimum Lot Sizes '• Existing Zoning Classification "A" Residential 5. Has Request Been Made to Change Zoning? X • . yes no • 6• Zoning Request & Under What Name? N/A ' III. DEPROVEN=TS PROPCSED AND REQUTR_:i) Ordinance Proposed conformance (applicant) (staff) • 1• Street Standard 601 Right of Way 50' right-of-way Other Request C -37 --Easement each side 2• Curb and Gutter (Type) ACHD Standards 3• Sidewalks Location do Widths 5 Foot ' Alleys • Street -Names See Plat • Must not conflict with Grid system 5. Domestic Water Supply (a) (Individual) (cell) (b) (Central) (City) City (c) (Location of existing lines) Linder (d) (Location of proposed lines) 6• Method of Sewage Disposal • (a) (Individual) b) (Central) City • (c) (Locations of existing lines) • (d) (Locations of proposed lines) 7• Method of Storm Water Disposal (a) (location of existing lines) Surface (b) (Location of proposed lines) 8• Irrigation Water Supply Provided x (If irrigation water supply not yes no provided, has area been withdrawn from District?) ,=,,._ _� yes no , g• Power and Phone (a) (Underground) Yes (b) (Overhead) 10• Natural Gas Yes • Ile Other Utility As required • ,III• Continued • 12• Are Easements for 5,6,798999 10, 119 Provided and where located? Yes, as required s • ,13• Are Fire Hydrants Provided, {' Where located? As required 14•'• Are Street Lights Provided, where located?. No 15•' Area to be dedicated to publio'or ' semi-public areas ' •(a) School Sito(s) No ' •(b) Public park site(s) ° (o) Common area for residents No (d) Water supply, pumphouse No -- �e) Sewage disposal area No f) Other None 169 Location of existing dedicated streets an4 their widths atthe point i=odiately adjacent to proposed devc;.oXent. West Linder 80' right-of-way. 30 Y6s 17• Vicinity Map (scale 1"•Q 3001) -- A copies ; 18. Contour map of area* on tentative , 19• Existing Buildings. to remain or be removed? None 30 20. 1" 4 1001 drawings showing general plan, and adjacent subdivision—lK copies. Yes 219 Proposed protective covenants. No 229 Examination by city Engineer. IP9 BUILDING PROGRAM (To be completed by applicant) 19 Type of buildings (Residential, Commercial, Industrial, Combination) • _• Residential 29• Type of dwellings (Single-family, duplexes, multi -family (rental), multi- family (sale), combination) Single Family Garages Attached Yes Basements Water Tab24,Study No Detached Driveway width Off street parking Yes Typical Building Price Range 45-60,000 2 space per unit 1 Story . Frame Building Material . V• •RESTRICTIONS AND DESIGN INFORMATION Ordinance Proposed conformance (applicant) (staff) Single Family • . le Allowed Land Uses .2e Minimum Lot Area 7000 ' • 25' 3e Minimum Lot Frontage ' • $e Minim= Lot Width int Setback 60 ' �. MiniaQum Lot Depth• ' ; . •• • 100' :F. 6. •Front Setback _ j 20' •7e Side Setback •� 4' _• 8. Side Street Setback !' 10' 9. Rear Setback 15, •10. ' Percentage of Lot Coverage.. 35% Vie SPECIAL DISTRICTS (Staff) Name Approval leSchool District 2e Fire District (or Dept.) • 'j. Sewer District (or City) •. Irrigation District 5e Nater Company or Distriot 6e Other (Name, Purpose) " VL1e ' RECORD OF APPROVAL ( Staff ) Preliminary (date). Final (date) 1. Technical Review Coami.ttee ' 2. County Planning Commission ' 3• City Plan. Comm. Name %e County Surveyor (Final Only) 5e County Highway District (Final Only). City Council ' Namo •. . 7e Board of Ada County Commissionors .. ' (Final Only) . 0 . c V111• RECORDING DATA (Stat!) I• Date Book Page Instrument Number - 2• Covenants Recorded: Date Book Page ' Instrument Numoer •' , " Z MPLATTED LW40M ROAD 1 A .J -U -B ENGINEERS. INC. 5903 Franklin Road . Boise, Idaho 83705 1-z�2 :o� �r u Project: 7944 Date: November 9, 1978 DESCRIPTION F �� Kv PROPOSED SUBDIVISION PORTION OF GOVERNMENT LOT 4, NW 1/4, SECTION 19 T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in Government Lot 4 of the NW 1/4 of section 1; T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at the northwest corner of the said Government Lot 4 of the NW 1/4 of Section 1; thence South 0°00'29" East 1,138.54 feet along the Westerly boundary of the said Government Lot 4 of the NW 1/4 of Section 1 to a point, also said point being the REAL POINT OF BEGINNING; thence continuing South 0000'29" East 227.71 feet along the said Westerly boundary of Government. Lot 4 of the NW 1/4 of Section 1 to a point marking the Southwest corner of the said Government Lot 4 of the NW 1/4 of Section 1; thence South 89°15'40" East 786.74 feet along the Southerly boundary of the said Government Lot 4 of the NW 1/4 of Section 1 to a point; thence North 0040'46" East 224.60 feet to a point; thence North 89°02'14" West 789.48 feet to the point of beginning, comprising 4.09 acres, more or less. Prepared By: J -U -B ENGINEERS, Inc. Gary L. Rodenspiel, L.S. NOTE: Survey data for the above written description was compiled from data of record and calculated data and not from an actual field survey. MLF/JDW:cc 77 y Page 2 Instrument No. (c) MINIMUM BUILDING SIZE: All residential buildings erected upon said property shall have a floor area of not less than 135Csquare feet of ground floor area exclusive of garages, carports, patios, breezeways, storage rooma, porches, and similar structures. (d) BUILDING LOCATION: No dwelling house or garage or any part thereof or any other structure (exclusive of fences and similar structures) shall be placed nearer than 25 feet to the front or 15 feet to the rear of the building site on which it is located. No building foundation or wall shall be erected that leaves less than a 5 foot side yard on one side of the house and a 5 foot side yard on the opposite side of the house, and upon corner lots all build- ings shall be at least 20 feet from the side street line - but this provision shall not apply to garages or other, buildings located on the rear quarter of any lot except corner lots. For the purpose of this covenant, eaves,` steps, chimneys, gutters, and open porches shall not be. considered as a part of the building, PROVIDED.HOWEVER,, that this shall not be construed to permit any portion of ' a building or any site to encroach upon any other site. Where it is architecturally possible, it is recommended that all garages be incorporated in and made a part of the. dwelling house. LANDSCAPING: 4 (e) BUILDING SITE: A building site shall cons'ist•of A at Least (1) one of the residence tracts as platted in said plat, and as described in a deed or conveyance, or,(2j a parcel composed of such resident tracts orportions thereof;'; the depth and frontage of which parcel shall equal. or eyceed the depth and frontage of residence tracts as platted in the same block, with a minimum of 8, 250 feet square of area,:, and 75 feet of frontage at the building setbac% line. After, construction of a dwelling on the building site, the loft shall be landscaped. (f) MOVING OF BUILDINGS - CONSTRUCTION OF OUTBUILDINGS No buildings or structures shall be moved onto satd' ee,l property from any land outside of said plat except a new prefabricated structure of a type and design approved by the; Architectural Control Committee. No trailer houses shall be parked in any street or within buildings setback lines. N,: trailer, basement, tent, shack, garage, barn, or othor outf- building erected on a tract shall be at any time used as a residence, temporarily or permanently, nor shall any res`iden' of a temporary character be permitted. No 1Uildin9 or ang kind shall be erected or maintained on a building site rior to the erection of the dwelling house thereon, except tgat a garage or other small building of permanent construction may be erected for the purpose of storing tools and other articles prior to the erection of a permanent dwelltp&, (g) PROSECUTION OF CONSTRUCTION WORK: The peon j struction of the dwelling and associated structures shall be prosecuted diligently and continuously from time ofcoutm�enceI ment therecf until such dwelling; and associated structures � are fully completed and painted. All structures shall bp,. completed as to extcroal appearance,including finished painting, within eight nioni.-lis from the date of commenoetment of 'con- at -ruction, unless prevented by causes beyond the control of t lic owoc'r or builder and only for such time as LbaL .'cause l continues. Page 2 Instrument No. (c) MINIMUM BUILDING SIZE: All residential buildings erected upon said property shall have a floor area of not less than 135C'square feet of ground floor area exclusive of garages, carports, patios, breezeways, storage rooms, porches, and similar structures. (d) BUILDING LOCATION: No dwelling house or garage or any part thereof or any other structure (exclusive of fences and similar structures) shall be placed nearer than 25 feet to the front or 15 feet to the rear of the building site on which it is located. No building foundation or wall shall be erected that leaves less than a 5 foot side yard on one side of the house and a-5 foot side yard on the opposite side of the house, and upon corner lots all build- ings shall be at least 20 feet from the side street line; but this provision shall not apply to garages or other buildings located on the rear quarter of any lot except corner lots. For the purpose of this covenant, eaves, steps, chimneys, gutters, and open porches shall not be considered as a part of the building, PROVIDED HOWEVER, that this shall not be construed to permit any portion of a building or any site to encroach upon any other site. Where it is architecturally possible, it is recommended that all garages be incorporated in and made a part of the dwelling house. LANDSCAPING: (e) BUILDING SITE: A building site shall consist -of at least (1) one of the residence tracts as platted in said plat, and as described in a deed or conveyance, or (2) a parcel composed of such resident tracts or portions thereof, the depth and frontage of which parcel shall equal or exceed the depth and frontage of residence tracts as platted in the same block, with a minimum of 8, 250 feet square of area and 75 feet of frontage at the building setback line. After construction of a dwelling on the building site, the lot shall be landscaped. (f) MOVING OF BUILDINGS - CONSTRUCTION OF OUTBUILDINGS: No buildings or structures shall be moved onto said real property from any land outside of said plat except a new prefabricated structure of a type and design approved by the Architectural Control Committee. No trailer houses shall be parked in any street or within buildings setback lines. No trailer, basement, tent, shack, garage, barn, or other out- building erected on a tract shall be at any time used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted. No building or any kind shall be erected or maintained on a building site prior to the erection of the dwelling house thereon, except that a garage or other small building of permanent construction may be erected for the purpose of storing tools and other articles prior to the erection of a permanent dwelling. (g) PROSECUTION OF CONSTRUCTION WORK: The con- struction of the dwelling and associated structures shall be prosecuted diligently and continuously from tii«e of commence- ment thereof until such dwelling and associated structures are fully completed and painted. All structures shall be completed as to external appearance,including finished painting, within eight months from the date of commencement of con- struction', unless prevented by causes beyond the control of the owner or builder and only for such time as that cause continues. 1 Page 3 Instrument No. (h) OIL AND MINING OPERATIONS: No oil drilling ail developmentioper.ations, oil refining, quarrying or mining. operations of any kind shall be permitted upon or in any lot# nor shall oil wells', tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structurejdesigned for use in boring for oil or natural gas shall be erected, maintained or permitted on any lot. (i) EXCAVATION, DEFACING OF LANDSCAPE, DITCHES: No excavation for stone, sand, gravel, earth, or minerals shall' be made upon a building site unless such excavation is neces- sary in connection with the erection of an improved structure thereon. Nolirrigation drain or waste water shall be permitted to flow in open ditches to or on any lot in said subdivision and may be transmitted only as follows; (1) Ditches, if any, to be carried at sufficient depth underground so as not to interfere with the use of such ground. (2) Ditches, if any, are to be carried in sealed underground conduit. (3) Ditch�ees, if any, are to be located only within easement or street right-of-way lines as shown on the plat of said subdivision. i (4) The cost of constructing such ditches, if any, shalll;be paid by the parties, installing same, The o hers of said subdivision are under no obligation to deliver water or furnish rights of way to any of the lots in this subdivision. (j) SEWAGE DISPOSAL FACILITIES: All lots in SHERI LYNN Subdivision are served by the Meridian City Sewer Plant and must be connected at time of construction. All construction and installation costs shall be paid by the parties installing same. The owners of said Subdivision are under no obligation to pay for any of the costs in- volved for construction or hook-on fees. (k) REFUSE DISPOSAL - MATERIAL STORAGE: No machin- ery, appliance or structure or unsightly material may be stored upon any piece, parcel or portion of said Subdivision, No trash, garbage, ashes, or other refuse may be throvmn dumped, or otherwise disposed of upon the real property* No. building site until the Grantee or builder is ready and.able to commence construction, and the such materials :shall be placed within the property line of the building site uppon which the structure is to be erected. The undersigned shall have the right to enter upon any vacant building site for the-pur- pose he pur-pose of burning or removing weeds, brush, growth or (1) FENCES-IIEDGES: No fence, hedge or boundary wall situated anywhere upon any building site shall have a height greater than that allowed by the local controlling ordinance,` but in no event whall it be greater than six 6) feet in height above the finished graded surfaceof the ground upon which such fence, hedge, or wall is situated. No fence, wall, hedge, or shrub planting which obstructs sight lines at elev4tion between Page 4 Instrument No. (1) FENCES -SEDGES -----four 4) and eight placed or permitted to triangular area formed line connecting them at (cont'd) 8) feet'above the roadways shall be remain on any corner lot within the by the street property lines and a points twenty 20) feet from the in tiling the property for .sale or rent, or signs used by a builder to advertise theproperty, during the construction and sales period. - (0) A14IMALS: No livestock, excepting dogs and cats skull be permitted at any time upon the real property of the subdivision, Dogs and cats are permitted only as pets,.'And no boarding or commercial enterprises will be permitted where such small animals exceed in number those ususally owned by lot or tract owners. III (a) That the owner of said real property, hpreinabove described, reserves unto itself, its successors and assigns, or for public dedication by the owner, its successors and assigns, a ten 10) foot right of way across and.along the street lines of all lots, a five 5) foot right of way along each side of all lots, and a ten 10) foot right of waY:along the rear lines of each of said lots, for the purpose of con- structing water mains, electric distribution lines, irrigation ditches, sewer lines, gas pipelines, and such other public utilities as shall be necessary, convenient and desirable for the Grantees and owners of said lots and parcels henceforth; this reservation being intended to provide an easement twenty 20) feet wide centering on the rear lot line of each lot, which easement may be opened as an alley upon the determination and finding of the Zoning Commission of Ada County, or the City of Meridian, that the same is required for the public iconvenience and health. This provision is made pursuant to Section 6.b2 •� * r I j 1I T ' Instrument No. III (a) Cont'd of the Ada County Subdivision Ordinance adopted by•the Board of County Commissioners of Ada County on 5eptepibel 28, 1959, and the appropriate section of the Meridian City wilding. and Zoning Code. The easement area of each lot and all, im- provements in it shall be maintained continuously by the owned of the lot except for those improvement=s for which a public authority or utility company is responsible. Within these easements, no structure, planting or other material shall be' placed or permitted to remain which may damage or interfere With the installation and maintenance of utilities or which may change the direction of flow of water throu€;h drainage channel in the easements. (b) An easement is hereby granted to the Idaho Power Company, a corporation, its licensees, successors and assigns a permanent and perpetual easement and right-of-way, sufficient in width to install and maintain an underground electric power line, including the perpetual right- to enter upon the real estate hereinafter described, at all reasonable tines, to construct, maintain and repair underground power lines;through, under and across said lands, together with the right, at 'the sole expense of Grantee, to excavate and refill ditches and trences for the location of said power line, and the further,' right to remove trees, bushes, sod,flowers, shrubbery, 'and other obstructions and improvements, interfering with the location, construction and maintenance.of said power lanes oo, and across the following premises belonging to the said owner in Ada County,. State of Idaho in the following location, to -wit: In SHERI.LYNN SUBDIVISION, Ada County, Idaho, a strip. of land ten 10) feet wide, five 5) feet on each side of the boundary line of the actual building sites, running from the street right-of-way or utility easements as .how n on the plat to a point or ,points on said boundary line which are directly opposite from the electrical. service entrance facilities on the buil.dtngs constructed on the building sites on each side of the boundary line; then, strips of land each ten 10)'feelt wide, one on each building site running directly from said point or points on the boundary line to the cor- respondingly opposite electrical service sites, The actual building site may be clot as shown o>1 SIIERI LYNN SUBDIVISION plat or a combination of portions of lots intended to comprise a building site. The electrical system generally will consist of ,buried power wires, transformers, junction boxes and other equipment*, part or which may extend above ,ground, necessary to serge' electrical power to these premises and adjacent premises,; IV That these protective restrictions and covenants shall run with the land described herein and shalt be binding upon the parties hereto and all successors in title or interest to';'. said real property or any part thereof, until December 300 19855 at which time said Protective Restrictions and Covenant&'shall be automatically extended for successive periods of ten 10) years unless the owner or owners of the le€ol title to not'le,as