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HomeMy WebLinkAboutSheri Lynn Subdivision Project file... _ .~ a ~ : ~. _ .. ,. i. AFFIDAVIT OF CLARIFICATION APJO AP•1ENO~~ENT OF ... DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS SHERI LYNN SUBDIVISION Dated: Recorder: Instrument No: KNOW ALL MEN BY THESE PRESENT, That the undersigned does hereby certify and declare: I Phil~.p 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,,$.M. Ada County, Idaho mare 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 Sect~.on 35 and 36, T. 4N., R. 1W., B.M., thence South 89° ~.7' East 789.48 fee t. to a steel gin; thence South 0° 26' West 226.98 feet to a steel pin; thence North 89°Zq'30" West 786.70 feet to a point on the section line common to saids'~ctions 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 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 Lots and restr~tcted to single family dwellings and no structure shall be orected,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. »> JPage 2 Instrument No. (c) MINIMUM HOUSING SIZE: All residences constructed in this subdivision shall be in accordance with, and comply to Section 9-615 Title IX, Chapter 6, revised and compiled ordinances of the City of Meridian, Ada County, Idaho, as set forth in ordinance # 383 dated January. 5th, 1981. Said Ordinance shall be Addendum "A!' of these Restrictive Cove- nants. If at a future date this Ordinance is changed or replaced by the City of Meridian, these Restrictive Cove- nants may be ammended in accordance with said revised or- dinance at the discretion of any lot owner in compliance with normal dictated procedure. These footages are exclu- sive of garages, carports, patios, breezeways, storage rooms, porches, and similar structures. (d) QUILDIN6 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. Nu 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~cav- errant, 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} QUILDING 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 ur portions thereof, the depth and frontage if which parcel shall equal or exceed the depth and frontage of residence tracts as platted in the sane 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 Guyer within 90 days after occupancy. {f} MOVING OF QUILDINGS - CONSTRUCTION OF OUTBUILDINGS: Nu 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. Nur 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 ~e permitted. Nu building of any kind shall be erected or n>aintained 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 diligent]y 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- rrrent of construction, unless prevented by causes beyong the control of the owner or builder and only for such time as that cause continues, ~ ' ~l r ~W~'4 wre e ;; ~ ~ ,~ '+i 4, s P 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 far 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 tb 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 toydeliver 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 ley 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 fob construction or hook-on fees. g° (k) REFUSE DISPOSAL - MATERIAL STORAGE: No machin- ery, appliance or structure or unsightly material may be stored upgn any piece, parcel or portion of said Subdivision. No trash, garbage, ashes, or other refuse may be thrown, dumped, ox' otherwise disposed of upon the real property; No building site until the Grantee or builder is ready and able to commenFe 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- e 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 s~=:~aceof the ground upon which such fence, hedge, or wall is situated. Na fence, wall, hedge, or shrub planting which obstructs sight lines at elevation between Page 4 Instrument No. r~ (1) k'ENCES-HEDGES (cony 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 fpr 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 pr use'is undesirable or noxious shall be conclusive upon all ~aarties . _ - ~~ (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 pne sign of not more ,than five 5) square feet adver- tising the property for sale o'r rent, or signs used by a builder to advertise theproperty, during the construction and sales oeriod. (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 boardipg or -commercial enterprises will be permitted where such small animals exceed in number those ususally owned by lot or tract owners. III (a) ghat 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 lies of all lots, a five 5) foot right of way along each side of all lots, and a ten IO) foot right of way along the rear lines of each of said lots, for the purpose of con- structing water mains, electric distribution lines, irrigatian 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. ICI (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 Iot 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, ~ corporation, its licensees, successors and assigns, a permanept and perpetual easement and right-of-way, sufficient i~ width to install and maintain an underground electrie 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; thraugh, under and across said lands, together with the right, at the sole expense of Grantee, to excavate and refill ditches and trences fpr the location of said power line, and the further right to xemove trees, bushes, sod flowers, shrubbery, and other obstructions and improvements, interfering with the location, construction and maintenance of said power lines on and acros$ the following premises, belonging to the said owner in Ada County, State of Idaho in the following location, to-wit: In S~IERI LYNN SUBDIVISION, Ada County, Idaho, a strip of lend ten 10) feet wide, five 5) feet on each side of tie boundary line of.;the actual building sites, runn~.ng from the street right-of-way or utility easements as sY~ow~n on the plat to a point or paints on said boundary line which are directly apposite 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 paints on the boundary line to the cor- resppndingly opposite electrical service sites. The . ac~tu~.l~building site may be slot as shown on SHERI LYNN SUBD~VISIO~t plat or a combination of portions of lots intended tL`comprise a building site. The glectr~cal 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 res*-rictions 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 ~.. ~;,. r~ ,~. • p~ ~ 1 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 pf Ada Caunty, Idaho. Such instrument or instru- ments shall con~ain proper references by volume and page numbers to the record af.the plat and the record of this Declaration in which these Pro~:tective Restrictions and Covenants are set forth and all a~endments 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 ~n 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 orc,them from so doing or to recover damages sustained by reason of such violation. VI _. ~. That the invalidation o£ 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 paragrapY~s 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 ~s ~ d ..j'` ORDINANCE NO. ~83 AN ORDINANCE REPEALINCs SECTION 9-615, TITLE IX, CHAFTEI~ 6, REVISED and COMPILLA ORDINANCES OF TI-IE CITY OF MERIDIAN, ADA COUNTY, .IDAHO, ENTITLED RESIDENTIAL DEVELOPAIENT, EMERGENCY INTERIM .MORATORIp!~I, ,AND PROVIDING A NEW SECTION 9-615 TO BE ENTITLED RESIDENTIP,I, HOUSINr~ STANDARDS. WHEREAS, the City Council and the P~ayor of the City of Meridian, Idaho have concluded that it is in the best interest of said City to repeal Section 9-615, Title I~, Chapter~6, .Revised and Compiled Ordinances of the City of Meridian, Ada County, Idaho, which section relates to a residential moratorium which was to have lapsed 120 days after its enactment but was included in the Revised and Compiled Ordinances of the pity of Meridian, Ada County, Idaho, and replace said Section with a new Section 9-615 to be'entitled Residential Housing Standards. NOW, THEREFORE, BE TT ORDAINED 13Y THE MAYOR OF THE CITY OF MERIDIAN AND THE CITY COUNCIL OF THE CITY OF N!ERIDIAPI, ADA COt';NmY, IDAHQ, Section 1. That Section 9-615 shall be and hereby is repealed. Section 2. That the following Section 9-615 ~.s hereby adopted AMBR08E, FITZQEAALD, C1tOOKSTON 8 McLAM Atlom®ya aid C.OW~a210ry P.®. ®oa 4Z7 tDl~rldl~n, ~doho t1~2 ° 7®ISVnon. t18dN0t and shall read as follows: 9°615 RESIDENTIAL'HOUSING,STANDARDS: 1) All new residential housing built in the City of Meridian shall' comply with the most recent edition of the Department ~f Housing and Urban Development Minimum property standards, the Uniform Building Code, standards of the County of Ada, and the State ~f Idaho regulatory agencies and the Ordinances, Resolutions and ?olicies of the City of Meridian. ~) All new residential housing developments in the City of Meridian shall be designed to insure compatibility with adjacent existing and/or proposed developments. 3) There shall be dispersed among all new residential develop-- nents houses of varying sizes and the followiner schedule shall set she percentages and accompanying sixes that shal], exist in all new residential developments., it being understood that the below schedule is a minimum schedule and houses of larger sizes may occupy a larger percentage than as set forth below: a A. No houses may be constructed which are less than 999 square feet; • B. Ten percent (10~} . of the houses in a • residential development-may be between 1000 and 1099 square feet; C. Twenty percent (20~) of the houses in a residential development may be between 1100 and 1199 square feet; . D. Forty percent (40~) of~the houses in a residential development may be between 1200. and 1299 square' feet; E. Thirty percent (30~) of the houses in a residential development may be larger than 1300 square feet. 4} All houses below the 1300 square foot size shall be inter- spersed uniformly throughout the entire development. A 5} All new residential housing developments in P~'_eridian shall be subject to design review to insure that the proposed housing units are within an established area of community housing need as defined by the Meridian City Housing Plan which includes the HUD Housing Inventory and Housing Goals and the objectives of the Peridian Comprehensive Plan. 6} All new residential housing development plats shall have the individual lots marked showing the minimum size house that will be constructed thereon and no plat shall be recorded henceforth without such indication clearly shown thereon. 7) That, prior to the enactment of this Ordinance, most residential developments and plats were approved by the City of P~Pe•ridian with a minimum housing size of 1350 square feet being contained in the restrictive covenants of the subdivision. This Section shall not have the effect of removing that 1350 square foot restriction. I~ an owner or owners of a subdivision desire to have this section apply to their subdivision, they. shall come before the City Council with an amended plat showing each lot and the minimum size house that can be built thereon clearly shown. 'Said change in the flat shall not be considered as a never platting for purposes of Platting procedure and only the City Council need act on such request, but one hearing must be held on such request within fifteen (15) days prior. to notice being published in the official City newspaper and with notice. being forwarded by certified mail return receipt requested to all property owners within 300 feet of the subdivision. 8) This Section shall not apply to any. residential. ho using development that was not initially restricted to a minimum house size. . Section 3. WHEREAS, there is an emergency therefor, which emergency is declared to exist, this Ordinance shall take effect and be in force and effect from and after its passage, approval . h1QROSE, , i20ERALD, :C30KSTON andpublication as required by law. ~, r~~uM !prroys .nd ounaelors ` Q. So:127 ~~i~.~ inwno 9 ...... t f R. q ~ ~ r ~~ ~., f 1 .t f '~! y~ ~~ ~ t E.h ~~. ors ~tl ~,~3 s 1,° J+Srr,., ~: f ~ i~'~ i r ,~ r~ '~rti. ~' yr r ~ ~ .. d , ~_ ^y~, ~. ~~ i.~. .:. f ~;;: G+ PASSED by the City Council and approved by the Mayor of the ~ i,.; City of Meridian, Ada County, Idaho, this ~ day of January, 1981. ~e.. ATTEST: ~a Adana L. Niem nn, s er ApROSE, ~tpERALO, ~?e3KSTON toRCLAM arneye end ~ung®lote 7. Box 427 ih~an. IAeho s ~~ ®EC 2 ~ 1978 DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS SHERI LYNN SUBDIVISION Dated: Recorded: Ins KNOW ALL. MEN BY TH does hereby certify and Philip R. Harper, Hebden, a single man, d simple of the following in Ada County, Idaho, to-wit: ~/ ~/ -signed .niel J. n fee _ L _ _ _, , _ocated A tract of ground in lot 4 of Section 1, T.3N.,R., 1W.,B.M. Ada County, Idaho more particularly described aa.;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 b°ginr~ix~g. ' 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 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 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, an3 said property shall be used in such manner as to be inoffensive to any other property owners thereof. Page 2 Instrument No. ~~ ~~,, ,B (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, 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 1S 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 S, 250 feet square of area and 75 feet of frontage at the building setback line. After canstruction 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, nar 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 an-'_ associated structures are fully completed and painted. A11 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 Pdo . -: °~; (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 LYPJN 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) FEAICES-HEDGES (cons' 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 farmed 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 tot 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 PB~OPERTY: 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 ane 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 I0) 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 alI 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 a.nd acrbss the following premises, belonging to the said cT~ao.ir 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 clot 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 r..itle 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. 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 s ~ ... .. _, . . AFFIDAVIT OF CLARIFICATION ANO AP1ENOt1ENT OF ... DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS SHERI LYNN Si~BDIVISION Dated: Recorder~`~ Instrument No: KNOW ALL MEN BY THESE PRESENT, That the undersigned does hereby certify and declare: I Phil~.p 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: Commgncing 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.,$.M., and to Section 35 and 36, T. 4N., R. 1W., B.M., thence South 89° ~7' East 789.48 feet. to a steel pin; thence South 0° 2~' 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 said Sections 1 and 2, thence North 0°15'SS" 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 subd3.vision or by a number of disignation therein, or otherwise, shall be subject to the restrictions, covenants, reservatigns, and conditions herein expressed and set forth, and that by the acceptance of such conveyance, assignment, or transfgr .of interest the grantee or grantees and their heirs, executors, administrators, successors, and assigns, and each of them, $gree with each other as to the property so described or:conveyBd 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 Qrected,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. ~. l?age 2 Instrument No. {c} MINIMUM HOUSTNO SIZE: All residences constructed in this subdivision shall be in accordance with, and comply to Section 9-615 Titl® IX, Chapter 6, revised and compiled ordinances of the City of Meridian, Ada County, Idaho, as set forth in Ordinance # 363 dated January, 5th, 1981. Said Ordinance shall be Addendum "A'! of these Restrictive Cove- nants. If at a future date this Ordinance is changed or replaced by the City of Meridian, these Restrictive Cove- nants may be ammended in accordance with said revised or- dinance at the discretion of any lot owner in compliance with normal dictated procedure. These footages are exclu- sive of garages, carports, patios, breezeways, storage rooms, porches, and similar structures. (dj 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 nob 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 recunnrrended 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 ur portions thereof, the depth and frontage if which pal°cel shall equal ur 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: Nu 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 Cort~nittee. Nur trailer houses shall be parked in any street or within buildings set back lines. Nu 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 pe 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 pernw Went construction may be erected for the purpose of storing tools and other articles prior to the erection of a permanent dwelling. (g) PROSECUTION OF CONS~'RUCTION WORK; the construction of the dwelling and associated structures shall be prosecuted diligently and continuously from time of conmiencement 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- nrent of construction, unless prevented by causes beyong the control of the owner or builder and only for such time as that cause continues. 9~ s ,;:$~~ at,,i p j.•.•. . , _.. .~~. . e r ~ .; Page 3 Instrument No. (h) OIL 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, 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 tb 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 foz construction or hook-on fees. 6' (k) REFUSE DISPOSAL - MATERIAL STORAGE: No machin- ery, appl~.ance or structure or unsightly material may be stored uppn 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 sL'=faceof 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) -r---four 4} and eight 8) feet above the roadways shall be placed or permitted to remain on any corner lot within the tziangular 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 PB.OPERTY: 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 pr 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 th,e 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 tune upon the real property of the subdivisipn. Dogs and cats ,are permitted only as pets, and no boardipg 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 ~'or 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 permanept and perpetual easement and right-of-way, sufficient i~ 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 fpr the location of said power 'line, and the further right to zemove 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: a In S~iERI LYNN SUBDIVISION, Ada County, Idaho, a strip of lend ten 10) feet wide, five 5) feet on each side of tie boundary line of.•the actual building sites, running from r_he 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- resppndingly opposite electrical service sites. The ac~tu~l•building site may be slot as shown on SHERI LYNN SUBDZVISIO~ plat or a combination of portions of lots intepded tL comprise a building site. The Qlectrical 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-lthirds 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 reoord in the office of the Recorder of Ada~~County, Idaho. Sueh 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 Pro~:tective 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 L-hese Protective Restrictions and Covenants, any other person or persons owning any real property embraced ~.n 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 o~~ 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 paragrapY~s 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 ~,~ ~;,.- d ORDINANCE NO. ~ 3 AbtBROSE, FITZOERALp, CAOOKSTON a McLAM Attcm~ye ub Cou~lo+4 P.O. Bor 427 Morldlon, Idafro 83842 ' ' T®Imphone 8884481 t AN ORDINANCE REPEALING SECTION 9-615, TITLE IX, CHAPTER 6, REVISED and COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, ENTITLED CESIDENTIAL DEVELOPP~4ENT, E_n2ERGENC;Y INTERIM .MORATORIt?~i, .AND ,PROVIDING A NEW SECTION 9-615 TO BE ENTITLED RESIDENTIpL IIOUSIN(~ STANDARDS. WHEREAS, the City Council and the t^.ayor of the City of Meridian, Idaho have concluded that it is in the best interest of said City to repeal Section 9-615, Title IX, Chapter~6, Revised and Compiled Ordinances of the City of Meridian, Ada County, Idaho, which section relates to a residential moratorium which was to have lapsed 120 days after its enactment but was included in the Revised and Compiled Ordinances of the City of Meridian, Ada County, Idaho, and replace said Section with a new Section 9-515 to be 'entitled Residential Housing Standards. NOW, THEREFORE, HE IT O~tDAINED BY THE A4AYOR OF THE CITY OF MERIDIAN AND THE CITY COUNCIL OF THE CITY OF N!ERIDIAPJ, ADA COI°NmY, IDAHO, ' Section 1. That Section 9-615 shall be and hereby is repealed. Section 2. That the following Section 9-615 ~s hereby adopted and shall read as follows; 9-615 ' ~ RESIDENTIAL' HOUSING ,STANDARDS : 1) All new residential housing built in the City of Meridian shall' comply with the most recent edition of the Department ~f Housing and Urban Development Minimum property standards, the Uniform Building Code, standards of the County of Ada, and the State of Idaho regulatory agencies and the Ordinances, Resolutions and policies of the City of Meridian. 2) All new residential housing developments in the City of Meridian shall be designed to insure compatability with adjacen t axisting and/or proposed developments. 3) There shall be dispersed among all new residential develop- nents houses of varying sizes and the following schedule shall set :.he pereentac~es and accompanying sizes that shall, exist in all new -esidential developments, it being understood that the below schedule is a minimum schedule and houses of larger sizes may -ccupy a larger percentage than as set forth below: r ~ Y i i { I 4•.. A. No houses may be constructed which are less than 999 square feet; i•;. H. Ten percent (10~).of the houses in a'residential development may be between 1000 and 1099 square feet; . I C. Twenty percent (20~) of the houses in a residential development may be between 1100 and 1199 square feet; . D. Forty percent (40~) of~the houses in a residential ! development may be between 1200. and 1299 square feet; ;. ,. . E. Thirty percent (30~) of the houses in a residential development may be larger than 1300 square feet. ~' ;: 4) All houses below the 1300 square foot size shall be inter- ~ spersed uniformly throughout the entire development. `' : ~ •~ 5) All new residential housing developments in ~?eridian shall f be subject to design review to insure that the proposed housing units are within an established area of community housing need as defined by the Meridian City I~o'using Plan which includes the Ht]D Housing Inventory and Housing Goals and the objectives of the ~ meridian Compreh ensive Plan. 6) All new residential housing development plats shall have the individual lots marked showing the minimum size house that will be constructed thereon and no plat shall be recorded henceforth without such indication clearly shown thereon. ~ ' i a 7) That, prior to the enactment of this Ordinance; most ~~ residential developments and plats were approved by the City of Meridian with a minimum housing size of 1350 square feet being f contained in the restrictive covenants of the subdivision. This ! Section shall not have the effect of removing that 1350 square-foot ~ restriction. If an owner or owners of a subdivision desire to have this section apply to their subdivision, they. shall come before the City Council with an amended plat showing each lot and the minimum ° size house that can be built thereon clearly shown. 'Said. change in the flat shall not be considered as anew platting for purposes p of Platting procedure and only the City Council need act on such ' request, but one hearing must be held on such- request within fifteen (15) days prior to notice being published in the official _, City newspaper and with notice. being forwarded by certified mail, ~ return receipt requested to all property owners within 300 feet`of' ~~~ the subdivision. 4; 8) This Section shall not apply to any residential. housing development that was not initially restricted to a minimum house j size. I Section 3. WHEREAS, there is an emergency therefor, which emergency is declared to exist, this Ordinance shall take effect c.~sROSE, and be in force and effect from and after its passage, approval I ~'~GERALO, _' ~OOOCSTON and publication as required by law. v @ACdAM :urnoye ®nd ~04neelor! 0. eot X27 i ~Rilsn Irfnho ~ ... _ ~.. .•. .. ,:,: i ~~ S ~~VS1 ' i N , s ~ ' ? P C ~ t h ' ? ~ fi ~l ~ I t ~, t_t 1rn~1 h,E ~ ? ~ ~ F p l h t a V i bti>r Ai ~' 1 a'~ ' t ~~ ~. o d g yy t ~ r.,, ' ~ ~ h , J k ~.I f M ~ ,yy S { q~p,, y Yd il,. A. ,5 u~ ~ n ~A f fit. k 5 i P ` , ~ '~ ' ~ ~ ~ ~ t .f ~ ~ ~ l6 ~ '+ri ~ r c - ~ ~~~'~~' ~ ~ '~ °' ~ r~r . r j I PASSED by the City Council and approved by the A4ayor of the City of Meridian, Ada Coun i~_ ' ty, Idaho, this day of January, 1981. ~~ ~' i ~`.; I.;:. ATTEST: '' ~ .. ~ ~ .. ~ ~.. i. E'-..,:, +Vana L. Niem nn, ity C erk ~ ~, ;' ,~ f ' ;. i ffi ~~ f. ~... ~. ; ,~ !' f„ .,~ P i . . ' ~~ . Lk f. I1 ~~ I I. 1pROSE, , r '.GERALD, iOKSTON P.9cLAM ~ ern0y! end i un®01on1 , i. C3oc ~Y7 I I I tilAn. IAahn i'..