Loading...
HomeMy WebLinkAboutCherry Manor Subdivision Project FileNOTICE OP PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian and.the,laws of the'Stite'of Idaho, that a hearing before the City Council of the City of Meridian will.be held at the City Hall in the City of Meridian,'at the hour of 7:30 P.M., on Monday, January 15, 1979, for the purpose of issuing a Conditional Use Permit to Dale A. Babcock and Karen D. Babcock at 2031 NW 10th Street in Meridian,.Ada County, Idaho, for the operation of home economics and counseling services within the residence located at said address. Any and all interested.parties shall be heard at the above scheduled hearing. DATED This 12th day of December, 1978. City Clerk AMSROSE. FITZGERALD & CROOKSTON, ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN. IDAHO 83842 TELEPHONE 886-4461 NOTICE OF 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 before the Planning and Zoning Commission will be held at -the City Hall in the City of Meridian, at the hour of 8:00 P.M., on Monday, December 11, 1978, for the purpose of issuing a Conditional Use Peat to Dale A. Babcock and Karen D. Babcock. at 2031 NW 10th Street in'Mei14ian,;-Ada County, Idaho, for the operation of home economids and counseling services within the residence located at said address.. Any and all interested,parties shall', be heard At' the, above. scheduled hearing. DATED This 1.7th''day`of Novomber,'1978. tY Clerk AMBROSE. FITZGERALD I CROOKSTON ATTORNEYS AN[ .COUNSELORS 028 EAST FIRST MERIDIAN. IDAH 03842 TELEPHONE 888-4 MERIDIAN CITY PLANNING COMMISSION �_�►�;1(ti{�),IP�1"'►'�I�t ��„h�!���.i14,�(:1'i1SiS)r=„��riJ• N IIS � � � • APPLICATION FOR A PRELIMINARY PLAT OR SUBDIVISION ROUTING SHEET FOR JURISDICTIONAL BODIES f3 Ada County D n City of Boise II jo Garden City .Q State PUC St. Plumbing Bd. St, Electrical Bd. File No. g Sec tio_n Date Sec. RM_ Rq. Zone Amount of Fee 0 Boise Airport Comm. II Ada County Health City of Meridian Classification of proposed subdi- vision 1. SUBDIVISION Subdivision Name Street Location SAwaae Plant Road 2. SPONSOR, OWNER, DESIGNER, ENGINEER a. Sponsor Capitol Securities Corporation Address 713 East First Street Meridian Idaho 836427 (X )Owner ( )Builder ( ) Agent ( ) Option Holder ( )Contract Holder b. Owner Canitol . ecurities Corp. Add. (as above) Phone 888-1447 c. Designer Add. Phone d. Builder Add. Phone e. Engineer Hoffmann & Fiske Add.2500 Kootenai-Boiswhone344-55 9 3. LAND AREA a. Area of Subdivision _l0_ acs. b. Adjn. land in same owner- ship -0- acres. c. Existing easements Drainage d. Deed restriction and 4. BUILDING PROGRAM Ditch a. Dwellings: (X)SF detached ( ) Price inc. lot $25,000 b. Type_ stories ( ) Basement Driveway width 10 ft . c. Garage d. Will buildings be built before lot is sold? No e. Other than residential: None , 5. STREET IMPROVEMENT AND UTILITIES PROPOSED a. Streets: (X)County stnd. (X)Paved (X)Curbs (X)Sidewalks b. Water Supply: Water District or Co. MP_rjrljsn ( )Private Wells c. Sewer System: (X)Public ( )Septic Tank ( )Cesspool d. Storm Water System: Surface e. Fire Hydrants g. Gas= h. Street Lights i. Walkways 6.,.PROTECTIVE COVENANTS n Minimum: Front 20,-" side 5 - - rear 11dor area 18000 Lot Width _lot depth 105 Lot area 9,450 Sci,.Ft„ Other 7. LAND PROGRAM a. Number of lots b. Typ. width & depth c. Typc. lot area d. Lin. ft. of street e. Av. st, length/lot f. % of area in st. g. Max..st.,gradient 8. LEGAL DESCRIPTION OF AREA TO BE PLATTED 9. GIVE GENERAL DESCRIPTION OF AREA AS TO LOCATION OF PLAT ft th of Chi ULM -- Cuff Sewage Plant Road. 10--I, THE UNDERSIGNED, UNDERSTAND THAT ALL INFORMATION REQUESTED IS TO BE FILLED IN COMPLETELY AND THE NECESSARY FEE PAID BEFORE A HEARING MAY BE ADVERTISED. f S gnature of app cant wwww-wwwww..w--wwwwww-w-wrw-..-www wwwwwww-----ww-www---ww DO NOT WRITE BELOW THIS LINE 11. FIELD INSPECTION a. Site slopes Contour map required b. Surface drainage c. Floods d. Type of soil e. Views f. Existing uses of surrounding property g. Existing use of tract h. Approx. % of adjacent proerty built up i. Type of dwellings on adjacent property j. Existing connecting streets 12. APPROVALS a. ( ) County Engineer b. ( ) City -County Health Department c. ( ) State Highway Dept. d. ( ) Water District e. ( ) Fire District f. ( ) FHA g. ( ) Elec. Co. h. ( ) Telephone Co. 13. DEVELOPMENT PATTERN PROPOSALS 14. REMARKS 15. ADMINISTATOR RECOMMENDATION 16. ZONING COMMISSION ACTION 17. IMPROVEMENTS a. ( ) Installed b. Bond posted date c. ( ) Deed res- triction d. ( ) ' Other commitment 18. DEDICATION a. ( )Streets b. ( )Reserve strip c. ( )School -park 19. THE FOLLOWING SPACE FOR ADDITIONAL, USEFUL INFORMATION: Planning &Zoning December_ 1 1� -- X ty Council -. Januarrt -__ - - Locatio�r: CONDIiI0NAL USE -kRMIT - i#tDCOCK.; DaleGErm go ♦ s'Y a R t 014E:. ECONOMICS COUNSW--K 1 Fire G�lisf r'. i _ - �.t y7V� Kitc�es amt conform to an ICodee for's gogttlax Rpiw in Schools or elsewhere. L: Ry N 1) :Restriction on signs 2 Comps"fiance with res rigtive Coveaants of .Subdivi�`io�`��',` � ���. �+ t� �•� 3) Park:in4 spaces availhfe? n . 4 Hours- of ape ation arid. ho ny eop a at a # r, r "� r Not i 4favor . of grana:i n4 , condi ti on41 use 1 ' Ret}-dentYal Arias. 6 Does 'not aopearr to be i n compl i ante. v�/ CoRip. ' an his r. t i n a Coi�erci"a,l. should be -,at,, on ntersect�or� �. �t �s�-�� � 3. Planning KZO on#.g • bq ,_kms -re osvend ApPra���' w�tih a Z <D¢ca r 11 -- -- - 6hicl" the Street: ' _ .: _ - ; g�,y,,•. X44 s� � r'�1 V•jw i a .:� .+.;I.,. Edi; •' q +k" .."6 ire>�- .;,'+"+ • t4r a !P;�; 'h c"r�wEf$ F �40, i k � ... 4 :•° fry - T•,�• Ir AJ >>> y r • � +, tyt i 4 . i DECLARATION OF COVENANTS Dated: Aril ,70 Recorded: April . 1970 Instrument No. 738517 THIS INDENTURE, made and executed this 3rd day of April,, 19708 Witnesseth: WHEREAS.,'the undersigned,, CAPITOL SECURITIES CORPORATION, an IDAHO Corporations authorized to do -Business in Idaho,, are the Onwers in fee of all the land contained within the boundaries of CHERRY MANOR SUBDIVISION, Ada County,, Idaho, and the plat of said Subdivision having been duly filed and.recorded in the office of the Recorder of Ada County,, Idaho, and WHEREAS., it is deemed necessary and desirable for the protection of the Undersigned and all futpre purchasers and owners of said lots that certain reasonable restrictions be placed upon the use of said lots in the Cherry Manor Subdivision aforesaid,, by the undersigned and by all future purchasers, owners and occupants thereof,, for a reason able period of tj e; NOT, THEREFORE., in consideration of the premises and in further consideration of the purc4ase price to be paid by each and every future purchaser and owners of said lots,, the updersi Page 2 Cherry Manor Subdivision used for drainage of surface water. 6. No noxious or offensive activity shall be carried on upon any lot., nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No animals,, livestock., or poultry of any kind shall be raised,. bred or kept on any lot,, except that dogs,, cats or other household pets may be kept., provided that they are not kept,, bred,, or maintained for any commercial purposes. 7. No structure of a temporary character,, trailer,, basement house., tent,, shack., garage., barn or other outbuildings shall be used on any lot ab any time as a residence either temporarily or permanently. 8. Shrubs,, hedges., and fences,, or other obstructions to vision which may be considered as objectionable,, shall be limited to 3 feet in height above curb line from street line to building set back line. Frees located in this zone shall be pruned to 4 feet in height to lowest branches. 9. No signs or billboards of any kind or for any use shall be erected., posted., painted or displayed upon any of the real property. The names of resident owners of building sites may be displayed on a name and address plaque or sign -if approval thereof is first obtained from the Grantor. The Grantor reserved the right to dis- play signs during the period the Grantor or his authorizQd agent is selling building sites. 10. No portion of the real property or of a building site or any structure there- on shall be used for the conduct of any trade or business or the conduct of any business or professional acti Page 3 Cherry Manor Subdivision storing tools and other articles prior to the erection of a permanent dwelling house, but shall not be used as a domicile. 14. All bathroom, sink, and toilet facilities shall be inside the dwelling house and shall be connected by underground pipe with the central sewage system owned and operated by the City of Meridian. No septic tanks will be permitted in the Subdivision. 15. All water facilities will be connected to the central water system operated and maintained by the City of Meridian. Service lines will be constructed to the property line of the lots by the Grantors 16. No oi1•drilling, oil development operations, oil refining, quarrying or mining operatiois 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 upon any lots 17. All buildings to be erected on building sites embraced in the plat must be approved by the Grantors. Complete plans and specifications of all proposed buildings, structures and exterior alterations, together with detailed plans showing proposed lo- cation of the same on the particular building site, shall be submitted to the Grantors before.construction or alteration is started, and such construction or alteration shall not be commenced until written approval thereof is given by the Grar%tors. Said plans shall be prepared by an architect or competent house -designer. As to all improvements, constructions and alterations upon building sites, the Grantors shall have the right to refuse to approve any design, plan, floor area or color for such improvements, construction or alterations which is not suitable or desirable, in Grantors' opinion, for any reason, aesthetic or otherwise, and in so passing upon such design, Grantors shall have the right to take into consideration the suitability of the proposed building or other structure, and the material of which it is to be built and to the exterior color scheme, to the site upon which it isproposed to be erected, the harmony thereof, with the surroundings., and the effect of the building or other structure or alteration 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 of surround- ing building sites, and any and all other factors which, in the Grantors' opinions., shall affect the desirability or suitability of such proposed structure, improvements or alterations. Actual construction shall comply with the plans and specifications as so approved. At any time, the then record owners of the majority of the lots shall have the power through a duly recorded written instrument to establish an Architectural Com ittee composed of three members to discharge the functions of this section or to withdraw or restore any of the powers herein established. Should the Grantors fail to approve or disapprove said plans and specifications within ten days after the same have been submitted to them., such approval will not be required and the provisions of this paragraph will be deemed to have been fully com- plied with. The Grantors may exercise the powers reserved in this section through a committee of; individuals, which committee (if appointed) shall be appointed by, or in the manner provided by, the Grantors, and shall serve for such time and upon such condi- tions as the Grantors shall designate. ,L • r • 0 Page 4 . Cherry Manor Subdivision The Grantors,, or members of any committee duly ap inted or established shall incur no liability by reason of any act or omission in exercising the duties herein established and shall receive no compensation for services performed pursuant to this covenant. 18. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty years from the date these covenants are recorded,, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument signed by a majority of the then.owners of the lots has been recorded,, agreeing to change said covenants in whole or in part. 19. Enforcement shall be by proceedings at law or in equity against arq person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. 20. Invalidation of any one of these covenants by Judgment or Court Order shall in no wise affect any of the other provisions which shall remain in full force and effect. Robert President CAPITOL BECURIT33S CORPORATION Subscribed and sworn to before me this 3rd day of April,, 1970 Sheryn A. Ellis Notary Public for Idaho JOHN L. CS C. HOFFMANN - FISKE ... CONSULTING ENGINEERS City of Meridian City Hall Meridian, Idaho 83642 Gentlemen: 2800 KOOTENAI ST. TELEPHONE 344-8808 BOISE. IDAHO 817 EIGHTH AVE. TELEPHONE 743.8301 LEW ISTON. IDAHO August 26, 1969 Enclosed are two copies of the proposed Capitol Securities Corporation Subdivision for your review and approval. JLH: srb Enc: 2 Very truly yours, MUNICIPAL IRRIGATION AIRPORT HYDRAULIC STRUCTURAL SANITARY HIGHWAYS SURVEYS � .(; •y: � { -p°.1 � � I ,. '• t y;, a ;iIS t k�7 '.�' 1 � -Jj II �j�'�^�'(��'I�j'/�j, 7�}pry ` OHDIkaCk NCS• ^191.: I L. , AN ORDINANCE DEALING WITH SECTION 12-401. OF THE ZONING LAWS REVISED AND COPIPILED' ORDINANCES OF THE CITYOF;'DER.IDIANADA COUNTY, IDAHO., B t CHANGING THE Z014ING MAP OF THE SAID CITY TO INCLUDE ZAND ANNEXID BY THE, , CITY CSN. E`ERIDDiN. B Im .ODIN,� BY TATE; MAYCiR AND ''' cITY .COUNCIL OF THE CITY OFA NIEiIDIAN, ADA , COUNTY IDAHO a ' Section 1. That Section 2-401 Revised and Compiled Ordinincesofrthe City of Meridian, be, and' the same is hereby amended by adding a new paragraph, thereto designated as paragraph to read. as"followsa 2-401',. ZONING ACT Nom, ZONING M&P ADOPMDr ' E: . The zoning map of said city is hereby,amended so that the following described area'is designated as "A" or .Residential Zones'` ;Ordinance No. 183,. passed' April 21,19699 Ross's Elm'Gtove Addition No. 1. ` Ordinance,Noe 1849 passedApril 210 1969, Jamesr Stone Annexation Catholic Ke etc Annexation ' i Went Cherry Lane Annexation) Y �i Roberts Annexation ,• y ' Cluffas West Annexation EastCherry:Lane� Annexation Ordinance No. ?P5, .passed September 8, 1969,` Hassle k;lm Grove Addition. No. 2. 1 L. I Ordinance No. 188,° passed April' 19709 r ti'r C 1 Gregory Subdivision Unit No. 2. Ordinance No. 189 messed 1iay 49- 1970! +' Embassy Annexation, I ;I Ordinance No. 190, pas" d July 1970!' ' Church 6f God, SeventYa Day Annexation ^ � Secstian 2. � Thot� the , bity toping ma is hersTiy �char� d to oonfo�rm thepirotrisione of this ordinanc®. Section 3. WiD;RKAS, there isan emergency therefore which emergency is declared to exist• this Ordinance ;shall.'take'�ffeat and be in force.,from and j f ter, its passage approval and ` pub13 tion as 'required bar law. FASSE'D. by the City Council and; approved by the Mayor , pf, the City df' Meridian Ada,; ,Count Tdaho this 3rd da of Au ! ys Y gust, 19p• t' Vim r i t yor i` ♦s r t77, s �� ih �,, i { •'2 I 1 I 0.1 ! ,, 1,. • RESTRICTIVE AND PROTECTIVE COVENANTS FOR GREGORY SUBDIVISION, UNIT NO 2, IN ADA COUN'T'Y, STATE OF IDAHO DAted: April 11, 1969 Recorded: June 16, 1969 Instrument No. 718265 The undersigned, TREASURE VALLEY HOMES, INC., being the` ,owners of. GREGORY SUBDIVISION, UNIT NO. 2, and the property being described therein, hereby adopt the following protective covenants in the resp dential area in their entirety to apply to real property subdivision and contained in said Subdivision situated in Ada County, Idaho, parti- cularly described as follows: Gregory Subdivision Unit No. 2, located in the North half of the Southeast quarter of the Northwest quarter of Section 12, Township 3, North, Range 1 West Boise Meridian, as shown on the official plat now of record in the office of the County Recorder of Ada County, Idaho, dated'and recorded under Instrument No. 71826+ in Book 21 page 1396 of plats. 1. That all of the real property and all lots, parcels and tracts of said Subdivision, and any conveyance covering or describing all or any part thereof either by reference to the above described plat or by name, number of designation thereon or by other description, shall. be subject to the following restrictions, protective covenants and conditions; and that by the acceptance of any conveyance of any property in said Subdivision, the grantee or grantees therein or their heirs, executors, administrators, successors or assigns, covenant with the parties hereto, their heirs and assigns, and with the other grantees or subsequent owners of property in said Subdivision as to the property so described and conveyed in or by such conveyances as follows: a. All lots in said subdivision shall be known and described as residential lots, and said lots or any part thereof or any structure placed thereon shall not be used for any commercial purpose but the use of said lots shall be limited solely to residential purposes. b. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached, single-family dwelling, not to exceed two stories in height, and a private garage for not more than two cars. cs� Tile g'I"ol.Irld 1'loor (-)1' t,liu st'nict-lim u1' t;q,r;11 01,I(, -V011111 y residence in this Subdivision shall be not less than 1200 square feet and no dwelling shall be permitted on any lqt at a cost of less than $18,000°00 (.including cost of lot), based oM cost levels prevailing on the date these covenants are recorded, it being the intention and purpose of the covenant to assure that all dwellings shall be of a (continued) ���� .b �T$�i 3' t, h �#� �,q � 1�.1 iipi 'tom •- I .iia�'Mt�-��—� "KI,RUN, Ri� ,.k`• L . �'.' i C.�.;.....'_� , _-i :m.a.:_.�•�.,,.,�.,,�i, Page 2 Instrument No. 718265 quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are re- corded at the minimum cost stated herein for the minimum permitted dwelling size. d. � o building shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plata In any event, no building, shall be located on any lot nearer than 25 feet to the front lot line, except lots facing on 8th -Street which shall have a 37.5 foot set- back; no building shall be located nearer than 25•feet to any side street line and no building shall be located -nearer than 5 feet to, an interior lot line, except that no side yard shall be required for a garage or other permitted accessory building located 80 feet or more from the minimum building setback line. No dwelling shall be located on any interior lot nearer than 15 feet to the rear lot line. For the purpose of this covenant, eaves, steps and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. e. Only one residential structure shall be erected or placed on any lot as the same how appears on the filed plat. f. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear five foot of each lot. 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 drainage channels in the easemeents, or which may obstruct or . retard the flow of water through drainage channels in the easements. The easements area of each lot and all improvements 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. g. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. h. No structure of a temporary character trailer, btas.emont, I tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. i. No building shall be moved onto the above premises unless the (continued) Page 3 Instrument No. 718265 quality, style and type thereof is approved in writing by the ad- joining owners within said Subdivision and the Architectural Control Committee. J. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept; provided, that they are not kept, bred, or maintained for any commercial pruposes. k. No lot shall be used or maintained as a dumping ground. Rubbish, trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 1. No individual sewage disposal system shall be permitted on any lot. m. No individual water supply system shall be permitted on any lot unless such system is located, constructed and equipped in ac- cordance with the requirements, standards and recommendations of State and County Public Health authorities. Approval of such system as installed shall be obtained from such authorities. n. No irrigation water shall be used upon any lot in said Sub- division unless the same is piped in a suitable manner underground to the point of use by the owner of such lot. o. No sign of on any lot except o foot, one sign of n property for sale o the property during ny kind shall be e professional s t more than five rent, or signs the construction displayed to the public view gn of not more than one square square feet advertising the sed by a builder to advertise and sales period. p. 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 excava- tions 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. q. The construction of all dwellings shall be prosecuted diligently and continuously from the time of commencement thereof and same shall be completed, including exterior painting, within eight months after the date of commencement of construction unless such completion is pre- vented by causes beyond the control of the grantee. (continued) 0 Page 4 Instrument No. 718265 r. No lot in this Subdivision shall be divided or subdivided so that; the total area shall be less than 8,000 square feet in any one lot, and this covenant shall not be subject to revocation under Paragraph 4 of these covenants nor in any other manner. 2. ARCHITECTURAL CONTROL. - No building shall be erected, placed, or altered on any lot until the contruction plans and specifications and a plan showing the location of.the structure have been approved by the Architectural Control Committee as to the quality of workman- ship and materials, harmony of external design with existing structures, and as to the location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved. In no stage of excavation or construction shall any dirt or fill material be removed from the Subdivision with- out consent of the Architectural Control Committee. a. The Architectural Control Committee is composed of Harold E. Hlefman, 104 Horizon Drive, Boise, Idaho; Ray E. Sowder, 111+ Warm Springs Avenue, Boise, Idaho; and Matt Sedivec, 301 Pendleton, Boise, Idaho. A majority of the Committee may designate a representative to act for it. In the event of death or resignation of any memberJof the Committee, the remaining members shall have full authority to de- signate a successor. Neither the members of the Committee, nor its designated representative, shall be'entitled to any compensation for services performed pursuant to this covenant. At any time, the then record owners of a majority of the lots shall have the power through a duly recorded written instrument to change'the membership of the Committee or to withdraw from the Committee or restore to it any of its powers and duties. b. The Committee's approval or disapproval as required in these covenants shall be in writing. In the event the Committe6, or its designated representative, fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suits to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. 3. SIGHT DISTANCE AT INTERSECTIGNS. - No fence, wall, hedge or shrub planting which obstructs sightlines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street (continued) 'b :, cj� E '6a �. s tsllil��.d:i�ll@ i�l � O.t�}';12i '�t1� sib � i' tt lL�c.tIY.LL`:3y G1 �:.41F �, Page 5 Instrument No. 718265 property lines and a line connecting them"at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage lines are maintained at sufficient height to prevent obstruc- tion of such sight lines. 4. These covenants and restrictions are to run with the land and shall be binding on all the parties and all persons claiming under them for a period of twenty (20) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change said covenants in whole or in part. 5. If the parties hereto or any of them or their heirs or assigns or persons claiming under or gh them or any other person, whether such person be the owner of any property in said Subdivision or not, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situated in said Subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attemp- ting to violate any such covenant and either to prevent him or them from so doing or to recover damages for such violations. 6. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall reamin in full force and effect. IN WITNESS WHEREOF, TREASURE VAT ,T F'V HOMES, INC . , has cussed its corporate name to be hereunto subscribed by its President and its corporate seal to be affixed by its Secretary this 11 day of April, 1969.