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HomeMy WebLinkAboutMeridian Manor No. 3 Project File~'' l~ ~~_,~,~ 'nom, ~~ r. ~ DECLnRn rt ~N ~r rR~ r} ;c~'jvr: R1iSTR1Cl'ION5 ANl) C()1/}iUMI'C5 1-ff'sRiUI/W TVWOIt N0. 3 SUI3nIVISION DATED: DEC. , 1978 KN(~V ALL Affrv BY 1I~51 PRESENTS, That the undersigned does hereby certify and declare: That BEDELCO, INC., an Idaho corporation, is the Droner in fee simple of the follrnvinrr described real property, located in Ada County, Idaho, All of the lots in MERIDIAN b'~ANOR N0. 3 SUBDIVISION, according to the official plat thereof, on file in the office of the County Recorder of Ada County, State of Idaho, as shown by Book , of Plats and Pages and records of Ada County, Idaho. 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 designation therein, or otherwise, shall be subject to the restrictions, covenants, reservations, and conditions therein 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: A11 lots in said subdivision shall be known and described as residential lots and be restricted to single-family dwellings, except that Lots 9 and 10 of .Block 2; and Lots 7, 8, 9, 10, 11, 12, 13, 14, 15, 24, 25, 26, 27, 28, 29, and 30 of Block 4 are hereby designated far use as either single-family or tivo-family dwellings (duplexes). No structure shall be erected upon any residential building site other than residential dwellings and accessory buildings, none of which shall 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. (c) MINIMUA4 BUILDING SIZE: All residential buildings erected upon said property shall have a floor area required by a majority of the corrpnittee established in accordance with t}ie provisions of Section III, hereof, rrovided however, that in no event shall, the required area be less than 1,350 square feet of ground floor area exclusive of garages, carports, patios, breezeways, storage rooms, porches, and similar structures and which shall cost not less than $35,000.00 excluding lot cost, based upon the prevailing building average costs as of the date hereof of a one-story house or 1,000 square feet of~first floor area in the case of two story or split level house. (d) BUILDING LOCATION: Unless othervise specifically approved in writing by a majority of the Architectural Control Committee, hereinafter provided for, no dwelling }louse, garage nor any part thereof nor any other structures (exclusive of fences and similar structures) shall be placed nearer than ttiwenty (20) feet to the front nor nearer than fifteen (15) feet to the rear of the building site on which it is located. No building foundation or wall shall be erected wit}i less .than a five (5) foot side yard on either side of the house,. and upon corner lots all buildings shall be at least twenty (20) feet from the said street line; but this provision shall not apply to garages or ot}~ei• buildings located on t}ie rear quarter of any lot except corner lots. For the purpose of this covenant, caves, steps, chimneys, gutters, Ind open prochcG tiha 1. l not be cons i clcrcd as a part o f' t}rc building, PROVIDED } }O1~7~~7:R, that tPiis 5ha11 not be canstrucd to pcz;r,it any portion of a build.infi or any site to encroach upon any other site. 1~'I~ere it is architecturally possible, it .is rc~-rn-uncndcd that all garages be incorporated in and made a part of the dwcllinp, }rorrsc. / ~ ~ ~ (e) BUILPtNG SITE: A building site shall consist of a minimum of (1) one of the resiclencc tracts as pl,ittcd in said plat, and as described in a decd or conveyance; or (2) a parcel composed of portions of one or more SUC}1 TCS1dCIICC tracts, the depth an~1 frontage of said parcel shall equal or exceed the depth and frontage of j~latted residence tracts as platted in the same block, with the minimtun dimensions anct area being in conformance with the requirements of subdivision Auld zoning ordinances effective at that date. (f) DtOVING OF BUILDINGS -CONSTRUCTION OF OUTBUILDINGS: No building or structure 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 Conunittec. No trailer houses shall be parked in any street or within building setback lines. No trailer, basement, tent, shack, garage, barn or other outbuilding erected on a tract shall be at any time used as a residence, te~Irporarily 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 YORK: 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 months from the date of commencement of construction, unless prevented by causes beyond the control of the owner or builder and only for such time as that cause continues. (h) OTL AND MINING OPERATTONS: 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, tululels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. (i) EXCAVATION', DEFACING OR LANDSCAPE, DITCFIES: No excavation for stone, sand, gravel, earth or minerals shall be made upon a building site unless such excavation is necessary in connection with the erection of an improved structure thereon. No irrigation drain or waste water shall be permitted to flora in open ditches to or on any lot in said subdivision and may be transmitted only as follows: (1) Ditches, if any, are 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 caxxied i.n sealed undergxotmd conduit. (3) Ditches, if any, are to be located only within easement or stx•eet right-of-way lines as shown on the plat of said subdivisioli:~ •":' (4) The cost of constructing such ditches, i£ any, shall be paid by the parties installing same. The owners o£ said subdivision are undex no obligation to deliver water or furnish rights-of-way to any of the lots in this subdivision. (j) IRRIGATION: Tlie Grantor and Grantee understand and agree that the Grantor shall not be obligated to deliver irrigation water to any lot in MERIDIAN I`~1l1I`'OR N0. 3 SUBDIVISION; and further understand and agree:: (1) that water deliveries will not be provided; and (2) that the purchaser of the lot must remain subject to all assessments levied by the irrigation entity; and (3) that the individual purchaser shall be responsible to pay such legal assessments; and . . • (4) that tilt assessments are a lioli on the lain within the irrigation CIltlty ~ and (5) that a disclosure statement containing the representations set forth in this section will be provided to the Grlrltee. (k) R1:FUS) DISPOSAL - ~}AT1;}.IAI, STOPPAGE: No machinery, appliance, or structure or wtsightly 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 othenvise~disposed of upon the real property. No building materials s}iall be placed upon t}ie building site until the Grantee or builder is ready and able to commence construction, and then such materials shall be placed within the property line of the building site upon which the structure is to be erected. The undersigned shallhave the right to enter upon any vacant building site for the purpose 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 shall it be greater than six (6) feet in height above the finished graded surface of 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 four (4) and eight (3) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area fo2med by the street property lines and a line connecting them at points twenty (20) feet from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line within the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances or such intersections unless the foliage .line. is maintained~at sufficient height to prevent obstruction of such sight-lines. . (m) NOXIOUS USE OF PROPERTY - SPITE FENCES: No portion of-the real property nor of a building site nor any structure thereon shall be used for the conduct of any trade, business or professional activities. Noxious or undesirable acts, or undesirable use of any portion of the real property is prohibited and shall not be permitted or maintained. The determination of the undersigned owner that any activity or use is undesirable or noxious shall be conclusive upon all parties. The construction or maintenance of a spite fence or spite. tree shall be prohibited upon any building site. The determination by the undersigned owner that any wall, fence, hedge, or tree falls within the latter category 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 sign of not more than five (5) square feet advertising the property for sale or rent or signs used by a builder to advertise the property, during the construction and sales period. (o) ANIDtALS: 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 usually owned by lot or tract owners. III That no building shall be erected, placed, or altered on any lot until the construction pl:~ns anti specifications and aplan showing the location of the structure have been approved by the Architectural Control Committee, herein:irter dcsign:itcd, as to c}uality or worl~tznship znd matcri.~ls, harmony of exteril:il clesii;n with existing structures, and as to location with respect ~to topogr:~pliy and finish grade elevation. No fence or wall shall be erected, placed or altered on :uiy lot iic:ircr to any street than the mininum- building setback l.inc w~lcss similarly approved, as provided in ParagraP}i TV hereof. • As to all improvements, constriction, and alterations upon blllldlil~ sites,>thc Architectural Control Conunittce shall have the right to rcEuse to approve ally design, plan, floor area or color for such improvements, constriction or alterations which is not suitable or desirable in the opinion of a majority Of 531d COIlnlll.ttCC, for ally reas011, aesthetic or otherwise, and in so passing upon such design the Cblivnittee shall have the right to take under consideration the suitability of the proposed building or other structures, and the material of which it is to be built and to the exterior color scheme, to the site upon which is it proposed to be erected, the harmony thereof with the surroundings and the effect of the building or other structure or alterations therein as planned on the outlook of the adjacent or neighboring property, and the effect or impairment that said structures will have on the view on surrounding building sites, and any and all factors which in the opinion of a majority of the Committee shall affect the desirability on suitability of such proposed structure, improvement or alteration. Actual construction shall comply with the plans and specifications as approved and shall not commence prior to the receipt of the written approval or expiration of the time period provided herein for the granting of such approval, by the Architectural Control Commmittee. N The Architectural Control Committee is composed of t~T. Burton Smith, 9530 Halstead Drive, Edward L. Bews, 5206 Sorrento Circle; and Arthur C. Davis, 7203 San Fernando Drive, all of Boise, Idaho. A majority of the Committee may designate a representative to act for it. In the event of the death or resig- nation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor its designated representative shall be entitled to any compensation for services performed pursuant to this convenant. At any time, the then record owners of a majority of the lots as shown on the plat of the subdivision shall have the power through a duly recorded written instrument to change the membership of or to withdraw from the committee or restore to it any of its powers and duties. No member of this committee duly appointed or elected shall incur liability by reason of any act or omission in exercising the duties herein established for such committee. V That the Architectural Control Committee's approval or disapproval as required in these covenants shall be in writing. Zn the event the committee, or. its designated representative, fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin .the construction has been commenced prior to the completion thereof, approval will not be required of such committee and the related cove,~iants shall be deemed to have been fully complied with. VI (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 six (6) foot right-of-,ray across and along the street lines of all lots and a ten (10) foot right-of-ti,ray along the rear lot lines of each of said lots, fox the .purpose of constructing 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 oianers of said lots and parcels hence forth; this reservation being intended to provide an easement t~+~enty (20)-feet wide centering on the rear lot line of each lot. 11ie easement area for each lot and all improvements in it shall be maintained colitinuously by the owner of the lot except for t}iose improvements for ~~~}iich a public authority or utility comp:uiy is responsible. 11'it}lin these casements, no structure, plantillg or other Inatcrial shall be placed or permitted to remain w}iich may d~unage or interfere with the install and maintenance o.i; utilities or which may change the direction or- flo« of i~~ater through drainabe channel in the casements. • • (b) An easement is hereby firanted to tho.Idaho Power-Company, a corporation, its licensees, successors and assigns, a permanent and perpetual easement and right-of-way, cuff icicnt in width to install anti tnainta~- an undcrgrowid electric power ling, including the-perpetual right "to 'enter upon the real estate hereinafter dcscribc~}, at all rczsonable times, to construct, mzintain and repair underground bower lines; through, under and-across said lands, together with flit ril;lrt, at the sole ea~pense of Grantee, to excavate and refill ditches and trenches for the location of said power line, and the further right to remove trees, bushes, sod, flowers, shrubbery, and other obstructions and improvements, interferring 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 AIERIDIAN MANOR N0. 3 SUBDMSION, 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 poiirt 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; thence, 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 come- spondingly opposite electrical service entrance facilities on the buildings constructed on said building sites. The actual building site may be a lot as shotim on Iti~IERIDIAN MANOR N0. 3 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 of which may extend above ground, necessary to~serve electrical power to these premises and adjacent premises. - (c) The Architectural Control Committee, hereinabove designated, shall constitute a committee, subject to the aforementioned ordinances and rules and regulations of the various Zoning and Planning Commission having jurisdiction, to determine and designate the location upon such easements of .all irrigation ditches, pole lines, server lines, and other public utilities distribution lines, which designation shall be effective to vest the right to utilize such easement areas. This Committee shall exist in perpetuity, and in the event of vacancy by resignation of death, the remaining members of the committee shall - fill such vacancy by appointment of an owner of property within this subdivision to such committee. - - vIz That these protective restrictions and covenants shall ran 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 hereof, until clay 1, 2009, at which time said Protective Restrictions and Covenants shall be auto- matically extended for successive periods of ten (10) years unless the owner or owners of the legal title to not less than two-thirds (2/3) of the platted residence tracts or platted lots, by an instrument or instruments in writing, duly signed and aclazo~vledged by them shall then terntinate or amend said Pro- tective 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. Bch instrument or instru- ment shall contain proper references by volume and page numbers to the xecord of the plat anti the record of this Declaration in w}iich these Protective Restrictions and Covenants are set forth and all amendments hereof. VIII That should any Grantee violate or attempt to violate any of the provisions of these Protective I'.estrictions and Covenants, any osier person or persons o~~nin~; any real l~ropcrty embraced in the said siibdi.visLOn plat shall blue £ull pOwci' ctrnl autliarity to prosecute any proceedinl;s at latr or in equity al;ainst the l~crson or l~crsons vlUlatlllg or :1ttC111[1tLllg t0 vioL-~tc any of the said Protective Restrictions :u~d Coven.-uzts, aTi~l either to prevent him or them from so cloin~, or to recover cl~unal;es sustained by reason of such violation. . ! ~• • IX That the invalidation of any provision, sentence, or paragraph contained in these Protective Restrictions alid Covenants by judgment or court order shall in no way affect or invalidate any of the other provisions, sentences, or paragraphs of said Protective Restrictions and Covenants, but the same shall be and remain in i'ull force and effect. IN WITNESS WE~REOF, 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 December, 1978. ~'_ STATE OF IDAHO ) ss County of Ada ) 0 On this )8 ~~' day of p~ce,n~s~x 1978, before me, the undersigned Notary Public inland for said State, personally appeared W. BURTON SMITH and E. L. BE6~TS, }mown to me to be the President and Secretary respectively of BEDELCO, Inc. that executed the foregoing instrument and ac}ozo~,rledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. • Lary blic or~ daho Residing at Boise, Idaho BEDELCO, INC.