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Inst' 7603471 ~ DECLARATION OF COVEN;.NT5 AND RESTRICTIOIJS "j°~i~~.~•.~;/
Tiaras: 1-z7-76
Recorded: 1-z$-76 THIS DECLARATION, r'IADE THIS 2'~ DA JAN, 1?76, by
" CREST WOOD, INC., herinafter called Developer.
~lITNESSETH: '1JI{EREAS, Developer is the owner of the real property described
in Article 'Sa of this declaration and desires to create thereon a planned
unit development with a residential community with permanent parks, play-
grounds, open spaces, and other common facilities for the benefit of the
said community; and ;VHEREAS, Developer desires to provide for the preser-
vation of the values and amenities in said community and for the main-
tenance of said parks, playgrounds, open spaces and other common facili-
ties; and, to this end, desires to subject the real property described in
Article " together with such additions as may hereafter be made thereto
(as provided in Article II) to the covenants, restrictions, easements, .
charges and liens, hereinafter set forth, each and all of which is and are
for the benefit of said property and each owner thereof; and ~lHEREAS, Dev-
eloper has deemed it desirable, for the efficient preservation of the values
and amenities in said community, to create an agency to which should be
delegated and assigned the powers of maintaining and administering the
community properties and facilities and administering and enforcing the
covenants and restrictions and collecting and disbursing the assessments
and charges hereinafter created; and LVHEREAS, Developer has incorporated
under the laws of the state of Idaho as a non-profit corporation THE CEN-
TP.E VALLEY HONiEOVJNERS ASSOCIATIOAI, for the purpose of exercising the
functions aforesaid; NO'~V, THEREFORE, tt~e Developer declares that the real
property described in Article II, and such additions thereto as may here-
after be made pursuant to Article II hereof, is and shall be held, trans-
ferred, sold, conveyed and occupied subject to the covenants, restrictions,
easements, charges and liens (sometimes referred to •.s "covenants and res-
trictions" hereinafter set forth. 'ARTICLE I Definitions Section 1. The
following words when used in this Dec aration or any Supplemental Declara-
tion (unless the context shall prohibit) shall have the following meanings:
(a) "Association" shall mean and refer to the CENTRE VALLEY HOtdEO~VNERS
ASSOCIATION.(b) "The Properties" shall mean and refer to all such existing
properties, and additions thereto, as are subject to this Declaration or
any Supplemental Declaration under the provisions of Article II, hereof,
(c) "Common Properties" shall mean and refer to those areas of land shown
on any recorded subdivision plat of The Properties and intended to be de-
voted to the common use and enjoyment of the owners of The Properties.
(d) "Lot" shall mean and refer to any plot of land shown upon any recor-
ded subdivision map of The Properties with the exception of Common Prop-
erties as heretofore defined. (e) "Living Unit" shall mean and refer to any
portion of a building situated upon The Properties designed and intended
for use and occupancy as a residence by a single family. (f) "Multi-family
Structure" shall mean and refer to any building containing two or more
Living Units under one roof except vfi en each such living unit is situated
upon its own individual Lot. (g) "Owner" shall mean and refer to the rec-
ord owner, whether one or more persons or entities, of the fee dimple
title to any Lot or Living Unit situated upon The Properties but, nottivith-
standing any applicable theory of the mortgage, shall not mean or refer to
the mortgagee unless and until such mortgagee has acquired title pursuant
to foreclosure or any proceeding in lieu of foreclosure. (h) "Membe'r''
shall mean and refer to all those Owners who are members of the Associa-
tion as provided in Article III, Section 1, hereof. (i) "Planned Unit De-
velopment" shall mean a single planned unit as initially designed; or '.,
such a unit as expanded by annexation of additional land area; or a group
of contiguous planned units, either operating as separate entities or
merged into a single consolidated entity, all consisting of a land area. which
has commercial building sites, industrial sites and common property such
as a park. (j) "Developer" shall mean the undersigned developer. ARTICLE II
Pro art Sub'ect to This Declaration: Additions Thereto Section 1. Ex-
sting roperty. a rea property w is is, an s a be, held, trans-
f erred, sold, conveyed and occupied subject to this Declaration is located
in Ada County, Idaho, and is more particularly described as follows:
CREST~d00D ESTATES SUBDIVISION Id O. 1, according to the official plat there-
of on file in the Records of Ada County, Idaho, all of which real prorer-
ty shall hereinafter be referred to as "Existing Property." Section 2.
Additions to Existin Pro pert Additional lands may become subject to this
Dec aration in the o otiving manner: (a) Additions in Accordance with a
General Plan of Development. The Developer, its heirs and assigns, shall
have the right to bring within the scheme of this Declaration additional
properties in future stages of the development, rv~~ided thatsuch additions
are in accord with a General Plan of Development prepare prior to the sale
of any Lot and made known to every purchaser (which may be done by brochure
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7603471 p.2
delivered .to each purchaser) prior to such sale. Sucr~General Plan of
Development shall show the proposed additions to the Existing Property and
contain: (~,) a general indication of size and location of additional devel-
opment stages and proposed land uses in each; (2) the approximate size and
location of common properties proposed for each stage; (3) the general
nature of proposed common facilities and improvements; (4) a statement
that the proposed additions, if made, will become subject to assessment
for their Just share of Association expenses; and (5) a schedule for ter-
mination of the Developer's right under the provisions of this subsection
to bring additional development stages within the scheme. Unless otherwise
stated therein, such General Plan shall not bind the Developer, its heirs
and assigns, to make the proposed additions or to adhere to the Plan in
any subsequent development of the land shown thereon and the General Plan
shall contain a conspicuous statement to this effect. T}ie additions
authorized under this and the succeeding subsections, shall be Wade b;~
filing of record a Supplementary Declaration of Covenants and Restrictions
with respect to the additional property orhich shall extend the scheme of
the convenants and restrictions of this Declaration to such property.
Such supplementary Declaration may contain such complementary additions
and modifications of the covenants necessary to reflect the different
character, if any, of the added properties and as are not inconsistent
41].t}1 the scheme of this Declaration. In no event, hoorever, shall such
Supplementary Declaration revoke,, modify or add to the covenants
established by this Declaration within the Existing Property. (b)
Cther Additions. Upon approval in ~:~riting of the Association pursuant
to a vote o its trtembers as provided in its Articles of Incorporation,
the owner of any property crho desires to add it to t}ie scheme of this
Declaration and to subject it to t}re jurisdiction of the Association,
may file of record a Supplementary Declaration of Covenants and Restric-
tions, as described in subsection (a) hereof. (c) hte^ rgers. Upon a
merger or consolidation of the Association with another association as
provided in its Articles of Incorporation, its properties, ri,;hts and
obligations may, by operation of law, be transferred to another surviving
or consolidated association or, alternatively, the properties, rights •
and obligations of anot}rer association may, by operation of law, be
added to the properties, rig}tts and obligations of the Association as
a surviving corporation pursuant to a merger. T}ie surviving or consoli-
dated association may administer the covenants and restrictions establi-
s}ied upon any other properties as one scher..e. *}o such merger or consoli-
dation, boo:ever, shall effect any revocation, chance or addition to the
covenants established by this Declaration caithin the ExistinP Property
except as }iereinafter provided. ARTICLE III, Pembership and Voting
Rights in the Association Section 1. }4embershi Every person or
entity who is a record owner of a fee, or un ivi ed fee, interest in
any Lot or Living Unit which is subject by covenants of record to
assessment by the Association shall be a nember of the Association,
provided that any such person or entity who }colds such interest merely
as a security for t}ie performance of an obligation s}rall not be a memL-er.
Section 2. V~oti~n~Ri }its. T}re Association shall have one class of
voting membership-: ,em ers shall be all of those oorners as defined in
Section 1, including the Developer. Each menber shall be entitled to one
vote for each Lot or Living Unit in w}iich they hold the interests re- -•-
quired for membership b;~ Section 1. :•'}yen more than one person holds suc}~
interest or interests in arty Lot cr Livir.E Unit, all such persons shall
be nembers, and the vote for suc}~ Lot or Living I:riit shall be exercised
as they among themselves determine, but in no event s}call Wore than cne
vote be cast with respect to any such Lct or Living Unit. For the
Purposes of determining tine votes allowed under t}iis Section, o:hen
Living Units are counted, t}ie Lot or Lots upon which suc}i Livin£ Units
are situated shall not be counted. ARTICLE IV, Property Rights in
the Common Properties Section 1. };embers' Easements of En'ovment.
Subject to the provisions of Section , every ember sra aye a right
and easement of enjoyment in and to the Common Properties and suc}~ ease-
ment shall be appurtenant to and s}:all pass o:ith the title to every Lot
or Living Unit. Section 2. Title to Common Fro erties. The Developer
nay retain the lefial title to t e (:ommon roperties until such tine
as it has completed ir.,provenents t;iereon and until such tine as, in the
opinion of the Developer, the Associaticr, is able to naintain the sane
but, notwithstanding any rrovisiotts herein, the Developer hereby convenants,
for itself, its heirs and assi}-n,~ that it shall convey the Cor..mon Properties
to the Association, free and clear of all liens and encumbrances, not
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later than Decembe~l, 1978. Section 3. Extent of t ers' Easements.
The ripirts and easetrents of enjcyrlent createsec nT'ere~y s be su 7ect to
the folloo:ini;: (a) the riE:lt of the Developer and of the Association
in accordaneg with its Articles and Ilylaws, to borroott^oney for the
purpose of iirprovinE tale Common Properties and in aid thereof tc mortFaFe
said properties In the event of a default upon any such rr.ort~*ape the
?Cnti('T`r3 ri.~hh,s Ll~:t'r'.tlil~l^r' q'"l^.1' I)n 1?.t1~.l:rr1. 1:~ .3 ri_,~,F11:, after taP:in
SS.^, r. ;. i. ~ry ~C .i~lc''rl i.)Y'r~;]?r,'F, i.~S, .•~ :r10.ri;° 3Ci:11 LR^ i ar> %LnCI li;'.1~r °?r?S iu 3
1'1'i 1~: 1. 7!'1 1:'~ r;•)nt i!7i1Pri f;n j t~'ip(:'l i. '+,• .'r9 .r1rY;li u~~`R .;:11, :, (' rSrn n::C xr~; , I:J
,r;snt:ze enj:,ymPnf; •aC such pr•:~psrttes ;;~ a :vL3?r publ.lr. rlnti.l. I:he
Ul lr'i;U;u~ .1.,;, 1, i.R :,, I; 1.:Sr i.nr~ :V}1"': ?i;~'ln I, ~lr? ,'7 '1RR`,,.'t ?, i1 .. ..^,r :r5!1 ~)rr);)r:. ti?S
.:'lil.~. i)A r'r:r;Clj`!lr~ri`'i;l ~iln ". .; ., trtLrl4'.?,•,7 .1nri •111 t+•;_~al11:R ~' `'1-: 'i''r-''~'+': ~
? •.~ f-t:.?:~ ..`t31.J. 1)'? irll.ly rr?31:,lPrs.t; 1nr1 (0~ ~h° rLPht QL ;Pl? iiS.~~.lr;i.3i.1.:)n
.l, ;.3•{~ B~l%t:'1 cL 'ti 79 1•r° re330n3bt°_ rlP' ~ z.'j' ~•.1 ~lrtlt°_Ct ~hC: ~7?'`1?_
;?..ri,~~.~~i i~rlnr+,l`F,~,r?; t~'i'i.'1i}: forecLUSUr`e;,,'anri (C) til°_ ri~itt: Oi :%1?
~,::sociation, as provlded ~_n i.i:ti :1rt i. r;tr's and Pyla:vs, to suspend L-h~
~:1„ ~ymeni; ,'i.,`j'll;fi •~C any MelnbPr Cor any per.tod riuring which any assessrner,i;
remains unpa!.d, and for any peri:,d not to exceed thi r`t;;r (~~~} ~irt;t;, r:~r
Zr.;% lair :;r•"~• ~ o£ its published rules and rP,;alations; and (d) the
right of the Association to charge 1`easonabte admission and other fees
C.~r the use o£ the Common Properties; and (e) the right o£ the Associa-
tion to ded:i.nate or trans.Cer all or any part o£ the Common Properties
to any public agency, authors ter, or util.Lty °Dr suctl purposes and
subject to such conriittons as may be agreed to by the i~r~al~rr..rs, n^wid4i
that no such derii.c.atir~n or transfer`, ~.etec`rninai;ion as t~~ the purposes
or as to the conditions therer~f, shalt be effective unless an instiry~men'~
signe•1 by 14Tembers ent~ttlecl ho r;c19t I;wo-thirds (2/3) o£ the votes of the
mecnbr~rs}i.ip has been recorciecl, agreeing to such de%li.~ation, transfer,
purpose or condition, and unless writir'n n•~tLr,~ oC the pr~nposed agree-
:?l''s:lt :lnd %lC{;.1~7n tilerr~r_lrnier' i~ ~~Z'; ..,:r p.,tnr.yr tiirl!nhr;r 3!: 1^•13t RLr71:jr (17)
•13ys in advance of any acti•nn "rZken. 4",TI^'.? 'l, C~vPlmnt for r+l3inteun:ir_
Assessments, Sect,l.,,n 1.. c'reati.on O£ t:i7P T,!.en anf~ Ppr3^.nFi'. 7~)i i;;1~:'• 7r1~-1~
1.i;~^ : ~a..ct:'. •' . ThP navel apPr CoJ• aac'rl Iro~t an9 L•i •ri:l~ "Ja_'. own~ce ~ by him within
Ttie properties hereby covenants and each Owner o£ any Lot or Living Unit
by acceptance o£ a deed therefor, whether or not it shall be so expressed
in any such deed or other conveyance, be deemed to covenant and agree to
pay to the Aasociation: (1) regular assessments payable monthly or quarterly
at the option of the Board of Directors; (2) special assessments for
capital improvements, such assessments to be fixed, established, and
collected from time to time as hereinafter provided. The regular and
special assessments, together with such interest thereon and costs of
collection thereof as hereinafter provided, shall be a charge on the land
and shall be a continuing lien. upon the property against which each
such assessment is made. Each such assessment, together with such interest
thereon and cost of collection thereof as hereinafter provided, shall also be
the personal obligation of the person who was the Owner of such property
at the time when the assessment fell due. Section 2. Purpose o£ Assessments.
The Assessments levied by the Association shall be used exclusively for the
purpose of promoting the recreation, health, safety, and welfare o£ the
residents in The Properties and in particular for the improvement and
maintenance of properties, services, and facilities devoted to this purpose
and related to the use and enjoyment o£ the Common Properties situated
upon The Properties, including, but not limited to , the payment o£ taxes~•
and insurance thereon and repair, replacement, and additions thereto, and
for the•coat of labor, equipment, materials, management, and supervision
thereof, and to pay the reasonable and necessary costs o£ the standing .
committees of the Aasociation and the Architectural Control Committer
provided, further, that assessments may be used for exterior maintenance
o£ homes erected upon The Properties at the election of the Board of
Directors of the Association as set forth in Article VIII of this
Declaration. Section 3. Re ular Assessment Amounts. The regular
assessment shall be charge against the Lot or the Living Unit on a per year
basis. The initial assessment shall be established by the Board of
Directors and May be increased annually by vote of the members, as hereinafter
provided. The Board of Directors o£ the Association may, after consideration
of current maintenance costs and future needs of the Association, fix the
actual assessment for any year at a lesser amount.
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7603471 p.4 S
Section 4. S ecial Assessments for Ca ital Im rovemL~a. In addition
~, to the regular assessments authorized by Section hereof, the Associ-
~ tion may levy in any assessment year a special assessment, applicable
'
to that year only, for the purpose of defraying, in whole or in part, the s
cost of an~`'construction or reconstruction, unexpected repair or re-
~ t ^':.~- placement of a described capital improvement upon the Common Properties,
including the necessary fixtures and personal property related thereto,
vrovided that any such assessment shall have the assent of two-thirds
of the votes of Members who are voting in person or by proxy at a
meeting duly called for this purpose written notice of which shall be
sent to all members at least thirty ~30) days in advance and shall set
forth the purpose of the meeting. Section 5. Change in Basis and
Maximum of Re lar Assessments. SubJect to the limitations of Section
a+..ti. 3 hereof, and or t e periods therein specified, the Association may.
change the maximum and basis of the assessments fixed by Section 3
hereof prospectively for any such period provided that any such change
shall have the assent of two-thirds of the votes of members who are
~tY.. ~,.<~ ' voting in person or by proxy, at a meeting duly called for this purpose,
(30)
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written notice of which shall be sent to all Members at leas
days in advance and shall set forth the purpose of the meeting, provided
further that the limitations of Section 3 hereof shall not apply to any
change in the maximum and basis of the assessments undertaken as an
incident to a merger or consolidation in which the Association is
authorized to participate under.ita Artirles of Incorporation and
`' under Article II, Section 2 hereof. Section 6. Quorum for An Action ~
""~~ S . The quorum required or any acts
4 and
Authorized Under Sections
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authorized by Sec ona and 5 hereof shall be as follows: At '.:.e
first meeting called, as provided In Sections 4 and 5 hereof, the
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~ presence at the meeting of Members, or of proxies, entitled to cast
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'' fifty-one (51) per cent of all the votes of the membership shall con-
statute a wuorum. If the required quorum is not forthcoming at any
meeting, another meeting may be called, subJect to t'Ze notice requirement
set forth in Sections 4 and 5, and the required quorum at any such
subsequent meeting shall be one-half of the required quorum at the
preceding meeting, rovided that no such subsequent meeting shall be
held more than sixty 0 days following the preceding meetings.
'<~ Section 7. Date of Commencement of Re lar Assessments: Due Dates.
The regular assessments prov ded for herein shall commence on the date
(Which shall be the first day of a month) fixed by the Board of Directors
,
.. of the Association to be the date of commencement. The first regular
~
~`~~~~~ = assessments shall be made for the balance of the calendar year and shall
become due and payable on the day fixed for commencement. The assess-
ments for any year, after the. first year, shall become due and payable
monthly or quarterly as established by the Board of Directors of the ~.
-- Association. The due date of any special assessment under Section 4
hereof shall be fixed in the resolution authorizing such assessment.
Section 8. Duties of the Board of Directors. The Board of Directors of
the Association shall fix the date of commencement and the amount of the
,;'a' assessment against each Lot or Living Unit for each assessment period of
'"` at least thirty (30) days in advand~ of such date or period and shall, at
that time, prepare a roster of the properties and assessments applicable
~
`+~ thereto which shall be kept in the office of the Association and shall _.
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~` be open to inspection by and Owner. Written notice of the assessment ~~
shall thereupon be sent to every Owner~subJect therto. The Association
• shall upon demand at any time furnish to any Owner liable for said
assessment a certificate in writing signed by an officer of the Association,
setting forth whether said assessment has been paid. Such certificate shall
be conclusive evidence of payment of any assessment therin stated to have
been paid. Section 9. Effect of Non-Payment of Assessment: The Personal
;~; Obli ation of the Owner• The Lien• Remedies of Association. If the
assessments are not paid on the date when due being the dates specified
in Section 7 hereof), then such assessment shall become delinquent and
~; shall, together with such interest thereon and cost of collection there-
" ~''•~~ of as hereinafter provided, thereupon become a continuing lien on the
property which shall bind such property in the hands of the then Owner,
his heirs, devisees, personal representatives and assigns. The Personal
obligation of the then Owner to pay such assessment, however, shall
remain his personal obligation for the statutory period and shall not
pass to his successors in title unless expressly assumed by them.
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7603471 p. 5
If t:ze assessment is not paid within thirty (30) ~s after the
delinquency date, the assessment shall bear Interest from the date
of delinquency at the rate of ten per cent per annum, and the
Association may bring an action at law against the Owner personally
obligated to pay the same or to foreclose the lien against the
property, and there shall be added to the amount of such assessment
the costs of preparing and filing the complaint in such action, and
in the event a Judgment is obtained, such Judgment shall include
interest on the assessment as above provided and a reasonable attorney's
fee to be fixed by the court together with the costs of the action.
Section 10. Subordination of the Lien_to Mort a es. The lien of the
assessments provided for herein shall be subor inate to the lien of
any mortgage or mortgages now or hereafter placed upon the properties
subJect to assessment; provided, however, that such subordination
shall apply only to the assessments which have become due and paya-
ble prior to a scale or transfer of such property pursuant to a
decree of foreclosure, or any other proceeding in lieu of foreclosure.
Such sale or transfer shall not relieve such property from liability
for any assessments thereafter becoming due, nor from the lien of
any such subsequent assessment. Section 11. Exempt Property. The
following property subJect to this Declaration shall be exempted from
the assessments, charge and lien created herein: (a) all properties to
the extent of any easement or other interest therin dedicated and accepted
by the local public authority and devoted to public use; (b) all
Common Properties as defined in Article I, Section 1 herein; (c) all
properties exempted from taxation by the laws of the State of Idaho,
upon the terms and to the extent of such legal exemption. ifotwith-
standinA; any provisions herein, no land or improvements devoted to
dwelling use shall be exempt from said assessments, charges or liens.
ARTICLE VI Party Walls Section 1. General Rules of Law to Apply.
Each wall which is built as part of the origins construction of the
homes Tots shall constitute a party vrall, and to the extent not in-
consistent with the provisi.+~ns of this Article, the general rules of
lavr reP.;arding party wr.11s and of llnbilit,y for property damage due to
negli(;ent or willful acts or omissions shall apply thereto. Secti~~n 2.
Sharing of Re air and Maintenance. The cost of reasonable repair an•1 mair.•
tenance o a party oral :+ha11 be shared by the Owners vrho makr. use .~f
the wall in proportion~to such use. Section 3. Destruction by Fl^~ ~r
Uther Casualty. If a party wall is riPStr~yed or .amage+l by firQ ~r
of er casualty, and Uwner vrho has used the vra11 may restore tt, an~i
if the other Ovrners ther~a!'ter make use of the vrall, they sha.7.1
contrib+.ite to the cost of r^storati~n thereof in proportion to s•~ch
use without preJudice, hovrev~r, to the right of any such Owners to call
for a larger contribution from the others under any rule of lags :•n-
,arding liability for ner.lll;ent or willful ants or omissions. Scr.tion
4, Weatherproofing. IJotvrithstandinr~ any other provision of this i,rticin.
an Owner who by his negli;ent or willful act causes th^•party yval'. t~
be exposed to the elements shall bear thw vrhole cost oi' furnLshirg *.h^
necessary protection against such elements. Section c, RLFht •to •:r~n-
tributi~n Runs with Lind. Thy right of any Owner to contrlhution prom
a_ny other Owner under this Article shall be appurtenant to the land
and shall pass to Sllr.}1 Uvrn°_r's s~.icces.,ors in titls. Sectl:~n i:. r•rhftr?-
tion. In the event of an,y •iispute arising concerning a party ~vaii, or -
under tho provisions of this Article, each party .shall choose one arblt:•a-
t•~r, and such arbitratorG shall choose one additional arbitrator, and
the declslon of a ma,jorit~ ~~£ all the arbitrators shall he final anj
conclusive of the question involved. ARTICLE V1:I Approval of Plans
section 1. IJo buildinr~, fence, wall, pole, exterior 1Lghti.nF, rnai.l
boxes, or other structure shall br: erected, const!•ucted, stltered or
matntained upon any portion of said property, unless a comp7.et!' set of
plans and specifications thez•efor•, including the exterior color scheme
vrith a site plan indicating; the exact location on the buildinrt site,
shall have been submitte•1 to and approved In cvirting by the Archi*.~cturll
Control Committee as hereinafter set forth, nor shall any buildini;
erected or constructer! elsewhere be moved onto ^ny building site w.i.th-
out the consent specified by erection 5 of Article 10. The al,nrnuzl of
.aid plans and spectficatinns may he withheld nit only because oC their
noncornp.llancQ vrith a.ny <~.(' the spec if lc conditions and restricti•~ns
c.ntained in this and other clauses hereof, but a7.s~ by reas•~n o!' raze
~li.~satisfaction o£ the Ar~httectural Control Coarrsittse vrith the .~t;/l.o,
design, appearance or !Destine of the propos4d ^tructur~ ~~r rtr•uct~tres.
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Section 2. Th~ritten app,•aval of the Arnhitectt~ Contro]. Committee
may be ,recorded at its option in th'~ OffLce of the ounty Recorder of
Ada County, and shall be ronetusive evidence of such approval. Section
3. The. approval of the Architectural Control Committee of any plans or
spec ifi~c'~tions submitted for approval, as herein specified, shall not
be deemed to be a waiver by the Architectural Control Committee of its
right to obJect to any of the features nr elements embodied in any
subsequent plans or specifications submitted for approval as herein
provided, for use on any other building site, nor shall such approval
be construed as in any ;Wanner' modifying, altering yr waiving any of
the conditions ar restrictions :,et out herein as to location or othe:'-
wise. Section u. If after such plans and specifications have been ,
approved, the building, wall, genre, or other structures shall be
altered, erected yr maintained upon the building site other^+rise than as
approved by the Architectural Control Committee, such alteration, erection
and maintenance shall be deemed to have been undertaken without the
approval of the Architectural Control Committee ever having been ob-
twined as required by thi3 Declaration. Section 5. Any agent or any
member of the Architectural Control Committee may from time to time
at any reasonable hour or hours enter and inspect any property subject
to the ,jurisdiction of the Architectural Control Committee as to Lt,;
!naintenance or improvements in compliance with the provisions ttereoi';
and the Architectural Control Committee or any agent thereof shall not
thereby be deemed guilty of, or become liable for, any manner of tres~:ass
for such entry or inspection: The Architectural Control Committee may
issue a certificate of completion and compliance as to any property so
inspected. Section ~. Fdo alteration shalt be made in the exterior
design or color of any structure unless such alteration, including any
additions, shall have first been approved in writing by the Architectural
Control cirnmittee. Section 7. The Architectural Control C~mmitte^
shall consist of three (3) members who shall he appointed by the
undersigned Developer. Section ~. Until such time as is her^inafter
provided, Developer shall have full power to remove any member of said
Architectural Control Corn!nittee and to !Hake appointments to fill any
vacancies in the membership thervf. A.ny vrritten instrument of appoint-
ment or removal riuly execute:i by the Developer may a.t the option of the
Developer be filed with the County Recorder of rlda County, and such
recordation shall impart to a.11 persons of the matters therein set frith.
Section 9. A vrritten approval ~f t:vo (~) of the member:> of the Archi.tec'r,:
tural Control Cvm:nittee shall constiture an approval. If szid
Architectural Control Committee fails to approve or reject any plans and/
or specifications which have born submitted to it orithin thifity (30) days
after submission to the Architectural Contr~t Committee, then rn~ approval
shall he necessary. If no action shall be filed, or notice of re,jNction
' recorded in the records of the Arrhitectur.al Control Committe? and
`'' notice of refection given to the submitting party, by or on behalf of
slid Ar^.hitectural Control Committee within thirty (3D) days after noti.^.e
of completion shall be recard.ed with the Architectural Control Committee
covering; the construction, alteration or replacement of any structure,
the filing of such notice of completion oC record shall he conclusive
evidence of the approval of such structure by the Architectural Cnntrvl
Committee. Section 10. The Developer may, at any time, at its option,
relieve itself of the oblid*ativn of appointing and maintaininE; said ..
Architectural Control Committee by filin; in the office of the County
Recorder oC Ada, a notice stating that it has surrendered the powor•s ~~.'
appointment and maintenance ~f said archi*.ectural Control ConrcWittee as
~;rante!L by this article a,nd this Declaration, and upon recorriing of suoh
notice, sa.Ld powers shall irmne~liately vest in the Association. Such
notice shall be in the form of a supplemental Declaration of .^.oven.Lnt^
and Restriction:,. Section 11. ~deither the Developer, its r,ucc:essors :,r
assigns, nor the Arrlii.tectt.rral Control Committee, nor any member thereof,
shall be held responsible far any loss or damage, nor be liable i!i ar.;,
way whatsoever for any errors or defects vrhich may or may not be 3horrn on
said plans or specification,, or otherv~ise. Section 1~. P'or the
purpose of making a search upon, or g~.iara_nteeing or insuring.; titlr, to.
or any lien on or interest in, any lot or parcel of sai!i property ••^.n~i
for the purpose of prote~tinF purchasers and encrunbrancers for val~.re
«na in food faith as against the performance or n~nperfvrmance of any ~f
the acts in this Declaration authorized, permitted or to be approval b;r
the Arch.tectural Control Ca!nmittee, the records of the Architer!tur?.1
rontrvl Committee shall be prima faciA evidence ~s to all matters ^hown
by such records; and the issuance of a certificate of completion and
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n~mp].ianoe by ~ Architectural Control Committee ~vring that the
plans and specifications for the improvements or ot-fter matters here-
in provided for or authorized have been approved and that said
improve~ents have been made in accordance therewith shall be prima
facie e~4idence and shall fully ,justify and protect any title compa.r,y
or persons certifying, rruRrr_nt^eing or insuring said title, nr Zny
lien thereon or any interest therein, and shall also fully protect
any purchaser or encumbrancer itt good faith and for value in actin!:
thereon, as to all matters vrithin the ,jurisdiction of the ArehitecY,ura'_
Control committee. :iecti~~n 13. Time for submittal of Plans. Upon
!Pte purchase of any undeveloped land sold and purchased sub,ect to
this Declaration or any supplement thereto, the ovrner and purchaser
the:eof within one year of p~zrchase shall file written plans and
specifications fur the building or other structure which is to be
erected on the property which plans and specifications shalt fu~.fi.ll
the requirements of Section 1. ARTICLE VIII Exterior Maintenance.
In addition to maintenance upon the Common Properties, the ssociation
may at the request of the Ovrner provide exterior maintenance upon
each Lot and Living Unit which is subject to assessment under Actin le `I
hereof, as foll.oars: Paint, repair, replace and care for roofs, gutters,
downspouts, exterior building surfaces, trees, shrubs, grass, walks, and
other exterior improvements. Section Z. Assessment of Cost. The cost
of such exterior maintenance shall be assessed against the ot, or T,iving
Unit upon which such maintenance is done and shall be added to and
become part of the regular maintenance assessment or charge to which
such Lot or Living Unit is subject under Article V hereof and, as part
of such regular assessment or charge, it shall be a lien and obligation
of the Oxmer and shall become due and payable in all respect:, as
provided in Article V hereof. Provided that the Board of Directors
of the Association, when establishing the regular assessment year as
required under Article V hereof, may add the:°to the estimated cost
o^ the exterior maintenance for that year but shall, thereafter, make
such adjustment vrith the Owner as is necessary to reflect the actual cyst
thereof. Section 3. Ac r.?,,g at Reasonable flours. For the purr,os~ :,o ].el~•
of performing the ~xtprior maintenance out orized by this Artlcls, the
Association, throue:h Lts duly authorized agents or employees :, has]. have
the right, after reasonable notice to the Utrner•, to enter upon arry Lot
or exterior of any Living Unit at reasonable hours on any day except
Saturday or Sunday. ARTi•"LE IX, Use of Pr•opArty Section 1. f•to part
of th? said pronerty or ^ny part thereof shall be subdivided, laid
out or improved by buildings, or structures, or its physical cont~uz•.^-
a.lte.red or changed, incl~.tding landscaping, except with the approval of the
Architectural Control Committee, so as t~~ insure a uniform arr:l reasonably
high standard of artistic result and attractiveness, in exterior and
physical appearance of said property and improvements. Section ~. Said
lots or parcels shall not be subdivided or split into lots of a lesser
size than the slzo o£ the on rina.l lots or parcols without t!t? tvrlY,tsn
consent of the ilraliitectural ~ontrol Committee first hal and ohtai.n^_•i;
provided, however, th%tt this clause shall not apply to ttte und~:rsir~nrd
Developer. Section 3. i•ia T.ol; or Lots on The Properties shall be used
for any purpose other than restdential purposes unless othervrise shotrr,
on the official rscordeci plat or unless otherarise approvers by the
Architectural Control Committe° in conformance to the general scheme oT'
development as a planned unit revelopment, Section 4, No horses, csttl^,
cows, r~o?ts, sheep, rabb:Lts, hares, reptiles or other animals, piGeons,
pheasants, agme birds, ffa.rne or outer birds, fowl or poultry shall be'
raised, kept or permitted upon said property or any part thereof,
except that dogs a.nd cats and other household pets ntay'be kept, provided
that they are not kept, brr_d or• raised for commercial purposes or In
unreasonable quantities, and provided that they do not become a nuisance
to ttte owners of, or orc~.apant: of said property, and that although horses
may not be kept, stabled ot• mazntained, they may be permitted on the
promises, except in areas specifically set aside for those purposes as
may be shown on any recorded plat and with the consent of the Architrzctur•^].
Control Comrittee. Section 5. No part of said property shall be used
for the purpose of drilltnr; thereon for, or producing therefrom, aster,
oil, gas or any mineral substance. The developer hereby reserves all.
nrudc oil, petroleum, r_ras, Brea, asphaltum and all kindred substances
and other minerals under and in said land. Section 6. No noxiou.^, or of--
f~ns.i.ve !redo or activity uhall he carried on uppn said property or
any part thereof, nor shal'•. a.nvthing be done or maintained trter•con a:hi^.h
may he or becane an annoyance or m.~isance to the nelghborho•~d.
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Section 7. Sa
are subject to such easements and rights-of-way for erecting, conatruct-
ing, maintaining and operating public sewers, and poles, wires and
conduits; for lighting, heating, power, telephone, cable television,
~' 9.nd any other method of conducting and performing any public
if any, r
:
or quasi-public utility servtce or function beneath the surface of the
ground, such easements and rLghts-of -way are mare particularly set forth
~ :? in said map, or otherwise of record. Section $. The Develoner herrby
reserves the riJ;ht to make any a.nd all cuts and fills on said property
owned by grading as in its .judgment may be necessary to grsde :.trQets
and buildinfi ..ites designated or delineated upon said reap of sai~i property
or any part thereof. Section 9. No mailbox detached from the dtr?11ipe;
str~.acture, which it i:: intended to serve, shall be installed or m~.in-
tained unless its proposed size, shape, color and design and location i^
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~ first approved by the Arch.tectural Control Committee. Section 10. pro
. utility area ~r drying yard shall be constructed or maintained on t,h~
~~;; property unless a plan therfor shall be first submitted to the
Architectural Committee and the latter shall determine that such plan
'~ appropriat?ly provides for screening said area or yard from exteri^r
~ view. Section 17., tJo residential buildLngs shall be constructed ^r
maintained on the property vrithout suitable carport or Par4r:,= a.nd off-
street parking spaces, the size, location, color and design of which ^hlll
- first be approved by the Architectural Control Cimmittee. In any event,
each dwelling building shall he provided with a minimum of permanently
maintained off -s+.reet par:rina~•• snacss in a Private garage or carport
_ area o£ two (2) parking spaces for each dtivelling unit, at least one
parking space vrhich shall be a private garage, ereept as to ^rulti-
r~r<< family dwelling units with ths•.orior written consent of the Archit~:cturaJ.
Control Committtee be.Ln~; first had and obtained, fewer parking spares Tray
'~:-~, be allowed. ARTICLE X Character of Building. Section 1. No residential
k ~'~` building may be erected or maintained on any of said property except multi-
family dwellings, two-family dwellings and single family dwellings, with
private appurtenant garages and customary outbuildin s. No building shall
exceed more than three stones in height or forty (40~ feet in height,
whichever is less. Section 2. No trailer, outhouse, garage, shed, tent;
or any temporary buildings of any kind shall be erected or maintained on
any lot or building site prior to the erection of the principal dwelling
-.':~ building thereon, provided, -however, that the conditions herein contained
shall not be construed to prevent the temporary construction and mainten-
ance by the Developer or its agent of buildings or improvements on said
property deemed necessary or convenient in the development of the subdivi-
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until the same is completed. All structures shall be suitably painted,
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dwelling shall be erected which shall have a f loot square foot area, a xclu-
sive of porches and garages, of less than 1100 square f eel on one floor
- level without the prior written permission of the Architectural Control
Committee. Section 5. No building erected or constructed elsewhere shall
~:t. be moved onto any lot or building site without the prior written approval
` t. of the Architectural Control Committee. Section 6. No horse trailer, living
,. trailer, house car or "campster", boat or boat trailer shall be parked on _.
~~.'~ any road or building site either temporarily or permanently, or shall any ••
'~~' such motor vehicle not capable of being operated be parked for longer than
forty-eight (4~~) hours outside of a garage on any lot or building site.
Other than customary maintenance work and minor emergency repairs, there•
shall be no painting, repairing or mechanical work done on any motor vehicle
on any residential lot or building site. Section 7. The Architectural Con-
- trol Committee or its authorized agent shall have the right at all times
to eri6er on or upon any Lot or building site that is vacant or unplanted
;,,;} or untenanted by the owners thereof, and to plant or replant, trim, cut
back, remove, replace and/or remove plants on any portion of any Lot or
building sites of said property, and the Architectural Control Committee,
or any agent thereof, shall not thereby be deemed guilty of any manner of
;~ ~ tresJ~aso. hJhen the owner of a nercel or lot so planted or maintained by the
Architectural Control Committee shall give written notice to the Architec- °~
tural Control Committee of his intentions to improve the same within thirty
(30) days, and upon the approval of the owner's proposal by the Architect-
uralControl Committee, the Committee may, within thirty (30) days, and there-
`~ after until work on said improvements is commenced, transplant, remove or
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Section $. Assessmer~f Cost. The cost of any planting maintenance un-
dertaken in Section 7 shall be assessed against the Lot building sites upon
which such maintenance is done and shall be added t o and become part of the reg
ular maintenance assessment or charge to which such lot or Building site is
subject under°'•Article V hereof ana, as part of such rebular asse.~.;rnent or char
ge, it shall ~5e a liE~n and obligation of the owner and shall become due
and payable in all respects as provided in Article V hereof. A~~y dispute
relating to the assessed costs shall bereviewed by the Architectural Con-
trol Committee upon petition by the owner a ggrieved by the assessment. The
Architectural Control Committee may conduct a hearing on any petition file],
but in any event shall render a decision within thirty (30) days follow-
ing filing of the petition and shall maltie its findings available to the a,-
grieved owner. Failure of the Architectural Control Committee to render a ,
decision within said thirty (30) day period shall render the assessment
costs for maintenance void and shall cease t o be a lien against the property.
ARTICLE XI Fences Section 1. [Jo fence shall be erected further than twen-
ty (20) feet from the perimeter wall of any dwelling. Section 2. E111 fences
from the standpoint of construction, style, material, color and view shall
be subject to the prior written approval of the Architectural Control
Committee. Because of the topography of the land, such matters as the obstru-
ction of the view, elevation, height, architectural style and materials are
of importance to all of the prosrecti've owners of lots in the subdivision,
and therefore, for the protection of all owners, the prior written approval
of the Architectural Control Committee is required. ARTICLE XII Set Backs
Section 1. Single family dwellings and multi-family dwellings shall have a
minimum set back from the front street and side street of twenty f Pet un-
less otherv~rise specified by the Architectural Control Committee. Section 2.
Single family dwellings and multi-family dwellings shall have a minimum
set back of thirty f eet from the intersecting property line when d~l.lings face
other dwellings across a c ommon area other than a private street, unless
otherwise specified by the Architectural Control Committee. ARTICLE XIII
Ur,ilities All pipes, wires, cables and conduits for lighting, heating,
rower, telephone and any other method of conducting and perforr.-ing any
public or quasi-public utility service or £ unction shall be beneath the sur-
face of the ground. ARTICLE XIV Signs Section 1. No signs or other adver-
tising device of any character shall be erected or maintained upon any part
of said property which is residential, except that (s) on any one lot or
building site one sign, not larger than eighteen (1$) inches by twenty-
four (2G•) inches, advertising the property for sale or rent, may be erected
and maintained; (b) the Developer or its agents may erect and maintain on
said property such sugns and other advertising devices as it may deem neces-
sary or proper in connection with the conduct of its operations for the dev-
elopment, improvement, subdivision or sale of said property; (c) as to multi-
family dwelling, only one (1) sifn visible from exterior of the building
and designating only the permitted principal use of the premises, shall b e
allowed fronting each street, provided that: (1) the color, lighting and
style o.f the sign has been approved by the Architectural Control Committee
in writing; (2) no sign shall exceed twenty (20) square feet in area; (3)
no sign shall be illuminated by changing or animated lights or parts. Any
illumination employed shall be an indirect nature. ARTICLE XV Constz~uction
o£ Conditions and Restrictions Section 1. The determination by any court that
any of the provisions of this Declaration or any part hereof, are unlawful
or invalid shall not affect the validity of the other provisions or remain-
ing portions hereof. Section 2. Damages are declared not to be adequate com-
pensation for any breach of the provisions of this Declaration, the Devel-
oper contemplating the enforcement o.f such restrictions as part of the gen-
eral plan of improvements, and not damages for the breach of such restric-
tions. ARTICLE XVI General Provisions Section 1. Duration. The covenants
and restrictions of this declaration shall run with~Tind the land, and
shall inure to the benefit of and be enforceable by the Association, or the
Owner of any land subject to this Declaration, their respective heirs,
successors and assigns fora period of twenty-one (21) Years following t he
death of the survivor of the nor living children of Robert D. Glaisyer,
or until the year 2000 A.D., whichever first occurs; provided, hovrever,
that said covenants shall be a~itomatically extended for successive per-
io<~s of ten (10) ,years unless an instrument signed by the then Owners of
t:vo-thirds 2/3 of the Lots or Living Units has been recorded, agreeing to
c}lange said covenants and restrictions in whole or in part. For purposes
of meeting thetwo-thirds requirement, when Living Units are counted, the
LoL or Lots upon which such Living Units are situated shall not be counted.
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• ~• Section 2. Notices~ny notice required to be sent to Member or Owner
under the, provisio of this Declaration shall be dee~to have been pro-
perly sent when mailed, postpaid, to th e last known ad ess of the person
who appears as Member or Owner on the records of the Association a t the
time of suck,mailing. Section 3. Enforcement. Enforcement of these covenants
and restrictions shall b e by an,y proceeding at law or in equity against any
person or persons violating or attempting to violate any covenant or res-
triction, either to restrain violation or to recover damages, and against
the land to enforce any lien created by these covenants; and failure by
the Association or any Owner t o enforce any covenant or restriction herein
contained shall in no event be deemed a waiver of the right to do so there-
after. Section !+. Remedies. The covenants, restrictions and conditions con-
tained in this Declaration or any supplement thereto shall be enforce-
able by proceeding for prohibitory or mandatory injunction. Damages shall
not be deemed an adequate remedy for breach or violation but, in an appropri-
ate case, punitive damages may be awarded. In any action to enforce any such
covenat, restriction or condition, the party or parties successful `in the
action shall be awarded costs including reasonable attorneys fees. Section
5. Additional Remedy. In addition to the remedies stated above, the Associ-
ation or Developer, upon violation or breach of any covenant, restriction
or condition contained in this Declaration or any supplement thereto, may
enter upon any property where such violation or breach exists and may abate
or remove the thing or condition causing the violation or breach or may
othervrise cure the violation or breach. The costs incurred shall b e billed
to and paid by the owner or owners of the property. If the Owner or owners
fail, after demand by reasonable notice, to pay such costs then the Associ-
ation or Developer, whichever incurred such costs, shall have a lien,
from and after the time a notice of such failure to pay is recorded in the
records of Ada County, Idaho, against the property of such owner or owners
for the amount due and not paid, plus interest f rom the date of demand for
payment at the then existing legal rate of interest for judgment in Idaho,
plus all costs and expenses of collecting the unpaid amount, including reas-
onable attorneys fees. The lien may be foreclosed in the manner for fore-
closure of mortgages or deeds of trust in the State of Idaho. Section 6.
Remedy of Developer, Plith respect to Developer's right of enforcement, all
of the covenants and restrictions in this Declaration or any supplement there-
to are also conditions subsequent. In addition to the remedies stated above,
i ~, with respect to any proF~erty, there is a b reach of or failure to comply
with any of the covenants, restrictions or conditions contained in this
Declaration or any supplement thereto, then Developer shall have the right,
immediately or at any time during the continuation of such breacEi or failure,
to re-enter and take possession of the above described property and upon
the exercise of this right of re-entry, title to said property shal~ there-
upon vest in Developer. If Court proceedings are required to enforce the
rights of Developer, Developer shall be entitled to recover its costs in-
,, eluding reasonable attorney's fees. TYie right of re-entry and far revesting
of title provided under this section shall be subject to the provisions of
Section 7 of this Article XVI entitled Protection of Encumbrancer. Section 7!.
Protection of Encumbrancer. No violation or breach of any restriction, cove-
nant or condition contained in this Declaration or any supplement thereto
and no action to enforce the same shall defeat, render invalid or impair
the lien of any mortgage or deed of trust taken in good faith or the title
acquired by any purchaser upon foreclosure of any mortgage or deed of trust.
~lny purchaser shall, however, take subject t o this declaration and any sup-
plement thereto, except only that violations or breaches which occurred
prior to such foreclosure shall not be deemed breaches or violations hereof.
erection ~. Owner to Indemnify. O:vners, and each of them, indemnify and hold
harmless the undersigned Developer, its agents, successors and assigns for
any and all damages, actions and/or injuries sustained by owner, or a member
of his family or a licensee or invitee on his property where such injuries
arise on the properties. IN 7JITNE~S WHEREOF, CREST WOOD, INC., an Idaho cor-
poration, has caused its corporate name to be hereunto subscribed by its of-
ficers thereunto duly authorized and its corporate seal affixed as of the day
and year first above written, Signed by Robert D. Claisyer, President of
Crest ;Vood, Inc.
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DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION, t4ade this 3rd day of tlarch,'•A.D. 1976, by
CREST 4lOOD, INC., hereinafter called Developer.
WITNESSETFI:
41HEREAS, Developer is the ovrner of the real property described '
in Article II of this Declaration and desires to create thereon a planned
unit development arith a residential community with permanent parks, play-
grounds, open spaces, and other common facilities for the benefit of the
• said community;
and
~r:•
WHEREAS, Developer desires to provide for the preservation of
the values and amenities in said community and for the maintenance of said
parks, playgrounds, open spaces and other common facilities; and, to this
end, desires to subject the real property described in Article II together
with such additions as may hereafter be made thereto (as provided in Article
II) to the covenants, restrictions, easements, charges and liens, hereinafter
set forth, each and all of which is and are fdr the benefit of said property
and each owner thereof;
and
WHEREAS, Developer has deemed it desirable, for the efficient
preservation of the values and amenitiies in said community, to create an
agency to which should be delegated and assigned the•poorers of maintaining
and administering the community properties and facilities and administering
the community properties and facilities and administering and enforcing the
covenants and restrictions and collecting and disbursing the assessments and
charges hereinafter created;
and
4IHEREAS, Developer has incorporated under the la~vs of the State
of Idaho as a non-profit corporation, THE CENTRE VALLEY HOt4E0t•1NERS ASSOCIATION,
for the purpose of exercising the functions aforesaid;
and
NOW, THEREFORE, the Developer declares that the real property
,~, described in Article II, and such additions thereto as may hereafter be made
pursuant to Article II hereof, is and shall be held,'transferred, sold, con-
. veyed and occupied subject to the covenants, restrictions, easements, charges
and liens (so;aetimes referred to as "covenants and restrictions") hereinafter
set forth.
ARTICLE I
Definitions
Section 1. The following ~•rords when used in this Declaration
or any Supplemental Declaration (unless the context shall prohibit) shall
have the following meanings: .
(a) "Association" shall mean and refer to the CENTRE VALLEY
HOh1E041NER5 ASSOCIATION.
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b~ (b) "The Properties" shall mean and refer to all
such axisting properties, and additions thereto, as are subject
to this Declaration or any Supplemental Declaration"under the
provisions of Article II, hereof.
(c) "Common Properties" shall mean and refer to
those areas of land shotirn on any recorded subdivision plat of
The Properties and intended to be devoted to the common use
and enjoyment of the o~~ners of The Properties.
(d) "Lot" shall mean and refer to any plot of lapel
shozrn upon any recorded subdivision map of The Properties
Srith the exception of Common Properties as heretofore defined.
(e) "Living Unit" shall mean and refer to any portion
of a building situated upon The Properties designed and in-
tended fvx use and occupancy as a residence by a single family.
(f) "Atulti-family Structure" shall mean and refer
to 'any building containing, two or more Living Units under one
roof except when each such living unit is situated upon its
oirn individual Lot.
(g) "Oirner" shall mean and refer to the record owner,
whether one or more persons or entities, of the fee simple
title to any Lot or Living Unit $ituated.upon The Properties
but, notwithstanding any applicable theory of the mortgage,
shall not mean or refer to the mortgagee unless and until such
mortgagee has acquired title pursuant to foreclosure or any
proceeding in lieu of foreclosure.
(h) "Afember" shall mean and refer to all these
Owners who are members of the Association as provided in Article
III, Section 1, hereof.
(i) "Planned Unit Development" shall mean a single
planned unit as initially designed; or such a unit as expanded
by annexation of additional land area; or a group of contiguous
p unned units, either operating as separate entities or merged
j 'into a single consolidated entity, all consisting of a land
area ~rhich has commercial building sites, industrial sites and
common property such as a park.
(j) "Developer" shall mean the undersigned developer.
ARTICLE II
Property Subject to This Declaration:
Additions Thereto
Section 1. Existino Pro er~t The real property
which is ,, and shall be, a trans-ferred, sold, conveyed and
occupied subject to this Declaration is located in Ada County,
Idaho, and is more particularly described as follows:
CREST{YOOD ESTATES SUBDIVISION N0. 1,
according to the official plat thereof
on file in the Records of Ada County,
Idaho.
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al>.of which real property shall hereinafter be referred to ws
"Existing Property."
Section 2. Additions to Existin Pro e~ rtY. Addi-
tional lands may become su sect to t is Declaration in the
following manner:
(a) Additions in Accordance with a General Plan of '
Develo ment. T e eve oper, xts ears an assigns, s a 1 ave
t e rzg t to bring within the scheme of this Declaration addi-
tional properties in future stages of the development, provided
that such additions are in accord with a General Plan of De-
velopment prepared prior to the sale of any Lot and made known
to every purchaser (which may be done by brochure delivered
to each purchaser) prior to such sale.
Such General Plan of Development shall show the pro-
posed additions to the Existing Property and contain: (1) a
general indication of size and location of additonal develop-
ment stages and proposed land uses in each; (2) the approximate
size and location of common properties proposed for each stage;
(3) the general nature of proposed common facilities and im-
provements; (4) a statement that the proposed additions, if
made, tivill become subject to assessment for their just share.
of Association expenses; and (5) a schedule for termination
of the Developer's right under. the provisions of this sub-
section to bring additional development stages within the scheme.
Unless otherwise stated therein, such General Plan shall not
bind the Developer, its heirs and assigns, to make the pro-
posed additions or to adhere to the Plan in any subsequent
development of the land shown thereon and the General Plan
shall contain a conspicuous statement to this effect.
The additions authorized under this and the suc-
ceeding subsections, shall be made by filing of record a Sup-
plementary Declaration of Covenants and Restrictions with
respect to the additional property which shall extend the
scheme of the covenants and restrictions of this Declaration
to such property.
Such Supplementary Declaration may contain such
complementary additions and modifications of the covenants
and restrictions contained in this Declaration as may be
necessary to reflect the different character, if any, of the
added properties and as are not inconsistent with the scheme
of this Declaration. In no event, however, shall such Supple-
mentary Declaration revoke, modify or add to the covenants
established by this Declaration within the Existing Property.
the Association~pursuantltooasvotepof itsrmembers asiting of
in its Articles of Incorporation, the owner of an provided
who desires to add it to the scheme of this Declarationeand
to subject it to the jurisdiction of the Association, may file
ofrecord a Supplementary Declaration of Covenants and Restric-
tions, as described in subsection (a) hereof.
Associationcwitrleanotser associationeas~providedlintits Articles
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,'r: oE' Lncorporation, its properties, rights and obligations may,
b
o
e
ati
f
,,~ y
p
r
on o
law, be transferred to another surviving or
consolidated associati
~ • on or, alternatively, the properties,
rights and obligations of another association may
b
o
e
ti
,
y
p
ra
on
of ].air, be added to the properties, rights and obligations of
th
A
.
e
ssociation as. a surviving corporation pursuant to a merger.
The surviving or con
lid
so
ated association may administer the
covenants and restrictions established by this Declaration withi
n
the Existing Property together with the covenants and restrictions
establish
d
~~ e
upon any other properties as one scheme. No such
merger or consolidation, however
shall effect
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any revoca
.ion,
change or addition to the covenants established by this Dcclara-
tion ~rithin th
E
e
xisting Property except as hereinafter provided.
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ARTICLE III
Aembership and Voting Rights
in the Association
Section 1. Mem~bers_hip. Every person or entity who
is a record ocrner o~f a eef or undivided fee
int
.~~: ,
erest is any
Lot or Living Unit which is subject by covenants of record
to
~: assessment by the Assoc.~ation shall be a member of the
Association
provided t}iat'an
such
~'
a lob y
person or entity who holds
~ such interest merely as a security for the performance
f
o
an
obligation shall not be a member:
Section 2. Votin Rights. The Association shall
have one class of voting mem er
`
_ s ip. I
fembers shall be all of
those ozrners as defined in Section 1, including the Develo
er
Each
b
A p
.
~aem
er shall be entitled to one vote for each Lot or Living
Unit in which they hold the inte
t
s res
s renuired for membership
by Section 1. }Vhen more than one person holds such interest
or interests in
any Lot or Living Unit, all such persons shall
be members, and the vote for such L
t
~~_=~ o
or Living Unit shall be
exercised as they among themselves determine, but in .no event
shall more th
an one vote be cast with respect to any such Lot
or Living Unit. For the
purposes of determining the votes
allotired under this Section, when Living Units are
_ counted, the
Lot or Lots upon which such Living Units are situated shall
`~ not be counted.
ARTICLE IV
Property Rights in the Common Properties
~_
~.,:;~s~ Section 1. Members' Easements of En'o ment. Subject
to the provisions of Section 3
ever
,
y em er s al ave a right
and easement of enjoyment in and to the Common Properties and
such
easement shall be appurtenant to and shall pass with the
title to every Lot or Living Unit.
=
,, Section 2. Title to Common Pro erties. The Developer
may retain the legal title to t e Co
'~~`~_ mmon roperties until such
time as. it .has completed improvements thereon and until such
~ time
i
as,
n the.o
ociation is
able to maintain thelsamefbute
t
h
a
t
A
no
wit
st
ndi
n
an
herein, the Developer hereby covena
t
f
t
f
p
l
L
~ r Z n
s,
or i
sel
,
its
heirs
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andyta.ssigns that it shall convey the Common Properties to the
Association, free and clear of all liens and encumbrances, not
- later than December 31, 1978. •
Section 3. Extent of A?embers' Easements. The rights
~i and easements of enjoyment create ere y s a 1 e subject to
the following:
` '-k~. (a) the right of the Developer and of the Association
in accordance with its Articles and Bylaws, to borrow money
for
.
the purpose of improving the Common Properties and in aid,tt•.ere-
of to mortgage said properties. In the event of a dofault upon
• any such mortgage the lender's rights hereunder shall be lir,~ited
to a right, after taking possession of such properties, to charge
,, admission and other fees as a condition to continued enjoyment
-,~
' by the members and, if necessary, to open the enjoyment of such
a<
` properties to a wider public until the mortgage debt is satis-
F
~ fled whereupon the possession of such properties shall be re-
x turned to the Association and all rights of the b?embers hereunder
f~ ~t;'.~~ shall be fully restored; • and
' '(b) the right of the Association to take such steps
as are reasonably necessary to protect the above-.described pro-
perties against foreclosure; and
(c) the right of the Association, as provided in
,; its Articles and Bylaws, to suspend the enjoyment rights of any
Member for any period during which any assessment remains un-
paid
and f
,
or any period not to exceed thirty (30) days for
i any infraction of its published rules and regulations; and
~ 4 t
~
(d) the right of the Association to charge reasonable
admission and other fees for the use of the Common Properties;
and
(e) the right of t.he.Association to dedicate or
transfer all or any part of the Common Properties to any public
',; agency, authority, or utility for such purposes and subject
to such conditi
._
ons as may be agreed to by the )~?embers, rovided
that no such dedication or transfer
determination
„`°~ ,
as to t e
~,- purposes or as to the conditions thoreof, shall be effective
unless an inst
r~,, rument signed by Members entitled to cast tivo-
thirds (2/s"") of th
t
e vo
es of the membership has been recorded
,
agreeing to such dedication, transfer, purpose or condition,
and unless cvritten notice
f th
o
e proposed agreement and action
thereunder is sent to every A4ember at least ninety (90) days
i
n advance of any action taken.
~~:
ARTICLE V
^':.' Covenant for Rlaintenance Assessments
~,~ .;~,~_~; Section 1. Creation of the Lien and Personal Obli a-
tion of Assessm
t
en
s. T e eve oper or eac Lot an Living
nit ownea y a.m within The Properties hereby covenants and
each Ocvner of any Lot or Living Unit by acceptance of a deed
therefor
whether
,
or not it shall be so expressed in any such
deed or other coveyance, be deemed to covenant and a
gree to
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'~ payp'to the Association: (1) regular assessments payable
,, ~$ ~~~ monthly or quarterly at the option of the Board:of Directors;
(2) special assessments for capital improvements, such assess-
ments to be fixed, established, and collected from time to time
. as hereinafter provided. The regular and special assessments,
together with such interest th
d
ereon an
costs of collection
thereof as hereinafter provided, shall be a charge on the land
and shall be a continuing lien upon the property against ~~~hich
each such
assessment is made. Each such assessment, together
with such interest ther
d
'
eon an
cost of collection thereof
as
. hereinafter provided, shall also be the personal obligation of
';~, the person who was the Owner of such property at the time when
the assess
t f
~,~ s men
ell due.
Section 2. Purpose of Assessments. The Assessments
levied by the Association
h
ll
s
a
a use exclusively for the
purpose of promoting the recreation, health, safety
and ~•;el-
,
fare of the residents in The Properties and in particular for
the i
;5,- mprovement and maintenance of properties, services, .and
facilities devoted to thi
.
.a*
a s purpose and related to the use and
enjoyment of the Common Properties situated upon The Properties
i
l
d
.
; ,
nc
u
ing, but not limited, to, the payment of taxes and insurance
thereon and repair
r
l
e
~ lY ,
ep
ac
ment, and additions thereto, and
for the cost of labor
e
ui
,
q
pment, materials, management,
and supervision thereof
and to
a
th
,
p
y
e reasonable and neces-
sary costs of the standing committees of the Association and
th
e Architectural Control Committee; provided, further
that
a
,
ssessments may be used for exterior maintenance of homes
erect
d
e
upon The Properties at the election of the Board or
Directors of the Associati
_ on as set forth in Article VIII of
this Declaration.
'•~~' Section 3. Regular Assessment Amounts. The regular
assessment shall be charge a
ai
h
'.~,.-
`-'~ ~' g
nst t
e Lot or the •Living Unit
on a p•er year basis. The initial assessment shall b
e established
by the Board of Directors and may be increased annually by vote
of the members
as herei
f
'
,
na
ter provided.
The Board of Directors of the Association may, after
`'• consideration of
current maintenance costs and future needs of
the Association
fix th
,
e actual assessment for any year at a
lesser amount.
_ ,
'~~'` Section 4. S ecial Assessments for Ca ital Im rove-
ments. In addition t
t
~"
f,,
~ ''~'` o
ie regular assessments aut orized y
e~ction 3 hereof, the Association may lev
i
y
n any assessment
year a special assessment, applicable to that year only
the
for
ur
,
p
pose of defraying, in jvhole or in part, the cost of
any construction
' _
or reconstruction, unexpected repair or re-
placement of a described capital im
r
'$ p
ovement upon the Common
Properties, including the necessary fixtures and
` personal pro-
petty related thereto, ~r_o_v~ided that any such assessment
shall have th
-
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`•u~.x` e assent of ttivo-ti
Tiras
of the votes of A•lembers
who are voting in person or by
rox
at
~' p
y
a meeting duly called
for this purpose, written notice of which shall b
~ e sent to
all members at least thirt
Y (30) days in advance and shall set
forth th
-;:
~
x. e
purpose of the meeting.
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~. Section 5, Chan a in Basis and Maximum of Regular
Assessments. Subject to t
l
=. e
imitations o Section ereoF,
an for tte periods t}terein specified
the Association
~•
=; ,
may
change the maximum and basis of the assessments fixed by Section
3 hereof
; prospectively for any such period provided that any
such change shall have th
`° ~~~ e assent of two-thir s o t e votes
of Afembers who are voting in person or by proxy, at a meeting
d
uly called for this purpose, written notice of tJhich shall '
be
sent to all Members at least thirty (30) days in advance
and shall set forth th
•
e purpose of the meeting, provided:furthcr
that the limitations of Section 3 hereof shall
not apply to any
. change in the maximum and basis of the assessments undertaken
` as an incident to a merger or consolidation in which the Asso-
ciation is authorized
~
,,~; to participate under its Articles of
Incorporation and under Article II, Section 2 hereof.
„`
~ Section 6. uortim for Any Action Authorized Under
Sections 4 and S
The
i ~
j 34 .
~{~s~iu,i~ LCqulre or any action aut orized
y ections and S hereof shall be as follows:
'. At the first meeting called, as provided in'Sections
•4 and 5 hereof
the
re
,
p
sence at the meeting of Members, or of
proxies, entitled to cast.fifty-one (S1)
per cent of all the
•
.
votes of the membership shall constitute a quorum. If the
required
uo
i
.:~, q
rum
s not forthcoming at any meeting, another
meeting may be called
subject to th
i
`~ ,
e not
ce requirement set
forth in Sections 4 and 5, and the required
uoru
- q
m at any such
subsequent meeting shall be one-half of the required
uo
~` .~, q
rum
~ at the preceding meeting, 7ovided that no such subsequent
meeting shall be held
more t an sixty 60) days following the
preceding meetings.
,; Section ?. Date of Commencement of Re ular Assessments:
Due Dates. The regular asse
ssments prove a or erein s a 1
commence on the date (t~rhich shall be the first da
of
• fi
;~' y
a month)
xed by the Board of Directors of the Association to be the
date of c
,
::; ommencement.
'
~ ~ The first regular assessments shall be made for the
~ balance of the calend
E' ~~._<r
~
~ ar year and stall become due and payable
~` i on the day fixed for
commencement. The assessments for a.ny
year, after the first year, shall become due
d
_ an
payable rt~onthly
~ or quarterly as established by the Board of Directors of the
Association.
1 '
The due date of any special assessment under Section
t 4 hereof shall be fixed in th
_
e resolution authorizing such
assessment. •~
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~ Section 8. Duties of the Eoard of Directors. The
Board of Directors of t
~~~~ e ssociation sna ix t e ate o£
commencement and the amount of the a
ssessment against each
Lot or Living Unit for each assessment period of at least
thirty (30) da
s i
d
y
n a
vance of such date or period and shall,
at that time, prepare a roster of th
. e properties and assess-
ments applicable thereto tvhich shall be kept in the offi
th
A
ce of
e
ssociation and shall be open to inspection by any Owner.
.,Y Nritten notice of the assessment shall thereupon
be sent to every Oi,mer subject thereto.
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.. The Association shall upon demand at any time fur-
~ish to any Owner liable for said assessment a certificate
in writing signed by an officer of the Association,~•setting
forth whether said assessment has been paid. Such certificate
shall be conclusive evidence of payment of any assessment
therein stated to have been paid.
Section 9. Effect of Non-Pa ment of Assessment: '
The Personal Obli ation o the Owner; 1 e ien; eme ies-oF
Association. tte assessments are not pai on t e at_:~:•hen
ue e,tng the dates specified in Section 7 hereof), then such
assessment shall become delinquent and shall, together with
• such interest thereon and cost of collection thereof as herein-
. after provided, thereupon become a continuing lien on the pro-
perty which shall bind such property in the hands of the then
Owner, his heirs, devisees, personal repxesentatives and
assigns. The Personal obligation of the then Otmer to pay
such assessment, however, shall remain his personal obligation
for the statutory period and shall not pass to his successors
in title unless expressly assumed by them.
If the assessment is not paid within thirty (30) da}•s
after the delinquency date, the assessment shall bear interest
from the date of delinquency at the rate of ten per cent per
annum, and the Association may bring an action at la~•r against
the Owner personally obligated tq pay the same or to foreclose
the lien against the property; and there shall be added to the
amount of such assessment the costs of preparing and filing
the complaint in such action, and in the event a judgment is
obtained, such judgment shall incltcde interest on the assess-
. ment as above provided and a reasonable attorney's fee to be
fixed by the court together with the costs of the action.
Section"10. Subordination of the Lien to Mort a es.
The lien of the assessments provx a or' ere~,n sia 1 e suo-
ordinate to the lien of any mortgage or mortgages now or here-
. after placed upon the properties subject to assessment•
however, that such subordination _.s hall apply only to thepassescd,
ments which have become due and payable prior to a sale or
transfer of such property pursuant to a decree of foreclosure,
~.. or an}• other proceeding in lieu of foreclosure. Such sale or
transfer shall not relieve such property from liability for
any assessments thereafter becoming due, nor from the lien of
any such subsequent assessment.
subject toSthisoDeclaration s aro eetexemptedffromwthe assessty
ments, charge and lien created herein: •
the extent of any easement or other interestathereinededicated
and accepted by the local public authority and devoted to pub-~
lie use; (b) all Common Properties as defined in Article I,
Section 1 herein; (c) all properties exempted from taxation by
the laws•of the State of Idaho, upon the terms and to the ex-
tent of such legal exemption.
improvementstdevotedntondsvellingouselshallebelexemptlfromor
said assessments, charges or Iiens. i,i
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``~' ARTICLE VI
4
Party Halls
Section 1. General Rules of Law to A 1 )each wall
which is built as part o t e orzgina construction of the homes
upon Tlie Properties and placed on the dividing line between the
Lots shall constitute a party wall, and to the extent not in- '
consistent with the provisions of this Article, the general
rules of law regarding party walls and of liability for property
damage due to negligent or willful acts or omissions shall
apply thereto.
Section 2. Sharino of Re air and Maintenance.
The cost•of reasonable repair an maintenance o •a party wall
shall be shared by the Owners who make use of the wall in pro-
portion to such use. -
Section 3. Destruction b Fire or Other Casualt .
If a party wall is destroys or amage y ire or of er
casualty, any Ocvner who has used the wall may restore it, and
• if the other Owners thereafter make use of the wall, they shall
contribute to the cost of, restoration thereof in proportion to
such use without prejudice, however, to the right of any such
• Ocvners~to call for a larger contribution from the others under
any rule of law regarding liabil~.ty for negligent or t:illful
acts or omissions.
Section 4. Heather roofing. Notwithstanding any
other provision of this Artie e, an a•ner who by his negligent
or willful act causes the party wall to be exposed to the ele-
ments shall bear the whole cost of furnishing the necessary
protection against such elements.
Section 5. Right to Contribution Runs tirith Land.
The right of any Otvner to contrxTutzon from any of er cvner
under this Article shall be appurtenant to the land and shall
pass to such Owner's successors in title.
,, Section 6. Arbitration. In the event of any dispute
arising concerning a party wa 3~ or under the provisions of
this Article, each party shall choose one arbitrator, and such
arbitrators shall choose one additional arbitrator, and the
decision of a majority of all the arbitrators shall be final
and conclusive of the question involved.
ARTICLE VII '.,
• Approval of Plans
Section 1. No building, fence, wall, pole, exterior
lighting., mail boxes, or other structure shall be erected,
constructed, altered or maintained upon any portion of said
property, unless a complete set of plans and specifications
therefor, including the exterior color scheme with a site
plan indicating the exact location on the building site,
shall have been submitted to and approved in writing by the
Architectural Control Committee as hereinafter set forth,
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iior shall any building erected or constructed elsewhere be
moved onto any building site without t}-e consent specified •
by Section 5 o.E Article 10. The approval of said pans and
specifications may 6e withheld not only because of their
noncompliance with any of the specific conditions and restrictions
contained in this and other clauses hereof, but also by reason
of the dissatisfaction of the Architectural Control Committee
Stith the style, design, appearance or location of the proposed
structure or structures.
Section Z. The tirritten approval of the Architectural
Control Committee may be recorded at its option in the Office
of the County Recorder of Ada County, and shall be conclusive
evidence of such approval.
Section 3. The approval of the Architectural Control
Committee of any plans or 'specifications submitted for approval,
as herein specified, shall not be deemed to be a waiver by
the Architectural Control Committee of its right to object
to any of the features•or elements embodied in any subsequent
plans or specifications submitted for approval as herein pro-
vided, for use on any other building site, nor shall such
approval be construed as, in any manner modifying, altering
or waiving any of the conditions or restrictions set out herein
as to location or otherwise.
Section 4. If after such plans and specifications
have been approved, the building, trall, fence, or other struc-
tures shall be altered, erected or maintained upon the building
site otherwise than as approved by the Architectural Control
Committee, such alteration, erection and maintenance shall
be deemed to have been undertaken without the approval of the
Architectural Control Committee ever having been obtained as
required by this Declaration.
Section 5. Any agent or any member of the Architectural
Control Committee may from time to time at any reasonable hour
or hours enter and inspect any property subject to the juris-
diction of the Architectural Control Committee as to its main-
tenance or improvements in compliance with the provisions
hereof; and the Architectural Control Committee or any agent
thereof shall not thereby be deemed guilty of, or become liable
for, any manner of trespass for such entry or inspection.
The Architectural Control Committee may issue a certificate
of completion and compliance as to any property so inspected.
terior designtorncolorNofaanyrstructurelunlessasuchnalteration,~~
including any additions, shall have first been approved in
writing by the Architectural Control Committee.
• Section 7. The Architectural Control Committee stall
consist 'of three (3) members who shall be appointed by the
undersigned Developer.
Section. 8. Until such time as is hereinafter provided,
Developer shall have full power to remove any member of said
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Architectural Control Committee and to make appointments to
fi7,1 any vacancies in the membership thereof. Any written
instrument of appointment or removal duly executed by the
Developer may at the option of the Developer be~~filed with
the County P.ecorder of Ada County, and such recordation shall
impart to all persons of the matters therein set forth.
Section 9. A written approval of t~vo (2) of the mem-
bers of the Architectural Control Committee shall constitute
an approval. If said Architectural Control Committee Fails
to a -rove or re ect an ans ar. or s ecr, r.cations ~r is i
aye een su mute to It tYlt In t lrt 0 a s a ter sub-
mission :o t e Arc itectura Contro Committee, t en no a royal
s a a necessar no action s a e i e or notice~-
re~ection recor a in the records of the Architectural Control
Committee and notice of rejection given to the submitting party,
by or on behalf of said Architectural Control Committee
within thirty (30) days after notice of completion shall
be recorded with the Architectural Control Committee covering
the construction, alteration or replacement of any structure,
the filing of such notice of completion of record shall be
conclusive evidence of the approval of such structure by
the Architectural Control Committee.
Section 10. The Developer may, at any time, at its
option, relieve itself of the obligation of appointing and
maintaining said Architectural, Control Committee by filing
in the office of the County Recorder of Ada, a notice stating
•that it has surrendered the powers of appointment and main-
tenance of said Architectural Control Committee as granted by
this article and this Declaration, and upon recording of such
notice, said powers shall immediately vest in the Association.
Such notice shall be in t}ie form of a supplemental Declaration
of Covenants and Restrictions.
or assignsSenorothelArchitecturaleControlpCommitteeucnorsany
member thereof, shall be held responsible for any loss or
damage, nor be liable in any tvay Svhatsoever for any errors or
defects tahich may or may not be shoum on said plans or specifi-
cations, or otherwise.
Section 12. For the purpose of mating a search upon,
or guaranteeing or insuring title to, yr any lien on or in-
terest in, any lot or parcel of said property and for the pur-
pose of protecting purchasers and encumbrancers for value
and in good faith as against the performance or nonperformance -
of any of the acts in this Declaration authorized, permitted
or to be approved by the Architectural Control Committee,
the records of the Architectural Control Committee shall be _
prima facie evidence as to all matters shoirn by such records;
and the issuance o£ a certificate of completion and compliance
by the Architectural Control Committee showing that the plans
and specifications for the improvements or other matters herein
provided for or authorized have been approved and that said
improvements have been made in accordance therewith shall be
prima facie evidence and shall fully justify and protect any
title company or persons certifying, guaranteeing or insuring
said title, or any lien thereon or any interest therein, and
shall also fully protect any purchaser or encumbrancer in good
faith and for value in acting thereon, as to all matters within
the jurisdiction of the Architectural Control Committee,
-11-
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, Section 13. Time for Submittal of Plans. Upon
~,_:~~
i the purchase of any undevelope lan sol an purchased subject
`
to
this Declaration or any supplement thereto, the owner and
i purchaser thereof within one year o£ purchase shall••file written
plans and specifications for the building or other structure
i which is to be erected on the property which plans and speci-
fications shall fulfill the requirements of Section 1.
~
I ARTICLE VIII '
Exterior Aaintenance
~~~~i'~' ::: Section 1. Exterior Maintenance. In addition to
maintenance upon the Common roperties, t e Association may
at th
j e request of the Oivner provide exterior maintenance upon
each Lot and Living Unit whi
h i
b
c
s su
ject to assessment under
Article V hereof, as follows: paint, repair
replace and care
,
for roofs, gutters, downspouts, exterior building surfaces
,
trees, shrubs, grass, walks, and other exterior irprovements.
~::
Section 2. Assessment of Cost. The cost of such
exterior maintenance s all
= ~
? a assesse against the Lot or
Living Unit upon which such maintenance is done and shall be
s. r r
~ i added to and become part of the regular maintenance assessment
or char
e to whi
h
i g
c
such Lot or Living Unit is subject under
Article V hereof and
as
f
,
part o
such regular assessment or
charge, it shall be a lien and obligation of the Ocvner and
h
ll
_ s
a
become due and payable in all respects as provided. in Article
V hereof
Provided th
h
.
at t
e Board of Directors of the Asso-
ciation, when esta is ing the regular assess
t
,; '; men
against each
Lot or Living Urit for any assessment year as required under
I
~ Article V hereof, may add thereto the estimated cost of the
exterior maintenance for that
e
b
h
` y
ar
ut s
all, thereafter, make
such adjustment Svixh the Owner as i
i
~ ~?=F~ j s necessary to reflect the
actual cost thereof.
~ Section 3. Access at Reasonable Hours. For the pur-
pose solely of performing t e ext
. erior maintenance authorized
by this Article, the t'lssociation, through its duly authorized
~
~ agents or employees shall have the right, after reasonable
notice to the Otvner
to
t
'> ~
~ ,
en
er upon any Lot or exterior of any
Living Unit at reasonable hours on any da
ex
t S
'
~ y
cep
aturday or
Sunday.
_ ,
ARTICLE IX
,
' Use of Property
_
j Section 1. No part of the said property or any part
thereof shall be subdivided
laid
E
i ,
out or improved by buildings,
or structures, or its physical contours altered or changed
•
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nc
u
ng landscaping, except with the approval of the Architec-
tural Control Committee
so as t
i
,
o
nsure a uniform and reasonably
high standard of artistic result and attractiveness
i
i ,
n exterior
and physical appearance of said property and improvements.
~, ~ ,.~"`x , ~ Section 2. Said Iots or parcels shall not be sub-
divided or split into lots
f
o
a lesser size than the size of
the original lots or parcels without the written c
i
f onsent of
the Architectural Control Committee first had and obtained;
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provided, however, that this clause shall not apply to the
undersigned Developer.
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Section 3. No Lot or Lots on The Properties shall
be used for any purpose other than residential purposes unless
~
~'~ otherwise shown on the official recorded plat or unless other-
, wise approved by the Architectural Control Co~r~:_ttee in con-
formance to the general scheme of development a.s a planned
unit development. '
Section 4. No horses, cattle, cows, goats, sheep,
rabbits, hares, reptiles or other animals, pigeons, pheasants,
game birds, game or other birds, fowl or poultry shall be
t thereof
~:~-~ ,
raised, kept or permitted upon said property or any par
s.
except that dogs and cats and other household pets may be kept,
provided that they are not kept, bred or raised for commercial
`'-~'~ purposes or in unreasonable quantities, and provided that they
r~ .:..;,
do not become a nuisance to the owners of, or occupants of said
property, and that although horses may not be kept, stabled or
maintained, they may be permitted on the premises, except in
areas specifically set aside for those purposes as may be shown
on any recorded plat and with the consent of the Architectural
Control Committee.
•`~=~+` Section 5. No part of said property shall be used
~~~ for the purpose of drilling thereon for, or producing therefrom,
water, oil, gas or any mineral substance. The Developer hereby
,~_`?~. reserves all crude oil, petroleum, gas, brea, asphaltum and
all kindred substances and other minerals under and in said
land.
"" Section 6'. No noxious ar offens.ive trade or activity
shall be carried on upon said property or any part thereof,
nor shall anything be done or maintained thereon which may be
r or become an annoyance or nuisance to the neighborhood.
_ ~;
-`"~~~ Section 7. Said real property and the building sites
included therein are subject to such easements and rights-of-
y,. ~;.;`~ tvay for erecting, constructing, maintaining and operating public
sewers, and poles, wires and conduits for lighting, heating,
power, telephone, cable television, if any, and any other
method of conducting and performing any public or quasi-public
-'~' utility service or function beneath the surface of the ground,
such easements and rights-of-ivay'are more particularly set
forth in said map, or otherwise of record. '
'~•~ Section 8. The Developer hereby reserves the right
to make any and all cuts and fills on said property owned by ••
it and on the building sites included therein, and to do such
~.,"'~~ grading as in its judgment may be necessary to grade streets
and building sites designated or delineated upon said map of •
said property or any part thereof.
Section 9. No mailbox detached from the dcvelling
structure, which it is intended to serve, shall be installed
or maintained unless its proposed size, shape, color and design
'~"` and location is first approved by the Architectural Control
Committee.
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Section 10. No utility area or drying yard shall
be Constructed or maintained on the property unless a plan '
therefor shall be first s~xbmitted to the Architectural Committee,
and the latter shall determine that such plan appropriately
provides for screening said area or yard from exterior view.
Section 11. No residential buildings shall be con-
structed or maintained on the property without suitable carport
or garage and off-street parking spaces, the size, location, •
color and design of which shall first be approved by the Archi-
tectural Control Committee. In any event, each dwelling building
shall be provided with a minimum of permanently maintained
off-street parking spaces in a private garage or carport area
of two (2) parking spaces for each dwelling unit, at least
one parking space which shall be a private garage, except as
to multi-family d;welling units ttith the prior written consent
of the Architectural Control Committee being first had and
obtained, fewer parking spaces may be allowed.
ARTICLE X
Character of Building
Section l.~ No residential building may be erected
or maintained on any of said property except multi-family
dwellings, ttwo-family dwellings and single family d;vellings,
with private appurtenant garages, and customary outbuildings.
Nu building shall exceed more than three stones in height
or forty (40) feet in height, ;whichever is less.
Section 2. No trailer, outhouse, garage, shed, tent,
or any temporary buildings of any kind shall be erected or
maintained on any lot or building site prior to the erection
of the principal dwelling building thereon, provided, however,
that the conditions herein contained shall not be construed
to prevent the temporary construction and maintenance by the
Developer or its agent of buildings or improvements on said
property deemed necessary or convenient in the development of
the subdivision.
,, Section 3. The ;work of constructing any residence
or building shall be prosectued diligently and continuously
from the commencement thereof until the same is completed.
All structures shall be suitably painted, colored or stained
immediately upon completion. ,
Section 4. No single family dwelling shall be
erected which shall have a floor square foot area, exclusive
of porches and garages, of less than 1100 square feet on one
floor level ;without the prior ;written permission of the Architec-
tural Control Committee.
where shallebelmoved ontobanydlot orebuildingcsiterwithoutltee
prior written approval of the Architectural Control Committee.
car or "campster",6boatooroboatttrailer shallgberparked ohnuse
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any road or building site either temporarily or permanently,
or.~hall any such motor vehicle not capable of being operated
be parked for longer than forty-eight'(~13) hours outside of
a garage on any lot or building site. Other than customary
maintenance work and minor emergency repairs, there 'shall be
no painting, repairing or mechanical tvorh done on any motor
vehicle on any residential lot or building site.
Section 7. The Architectural Control Committee or
its authorized agent shall have the right at all times to enter .
on or upon any Lot or building site that is vacant or unplanted
or untenanted by the owners thereof, and to plant or replant,
trim, cut back, remove, replace and/or maintain hedges, trees,
shrubs, flowers and any other landscaping on said property,
and/or to keep cultivated and/or remove plants on any por=ion
of any Lot or building sites of said property, and the Archi-
tectural Control Committee, or any agent thereof, shall not
thereby be deemed guilty of any manner of trespass. 1~hen the
otivner of a parcel or lot so'planted or maintained by the Archi-
tectural Control Committee shall give written notice to the
Architectural Control Committee of his intentions to improve
t3te same ~vithin thirty ('30) days, and upon the approval of the
owner's proposal by the Architectural Control Committee, the
Committee may, within thirty (30) days, and thereafter until
work on said improvements~.is commenced, transplant, remove
or dispose of any and all of the plantings which may have been
made by it.
Section 8. Assessment of Cost. The cost of any
planting or maintenance un erta en in Section 7 shall.be assessed
against the Lot or building sites upon which such maintenance
is done and shall be added to and become part of the regular
maintenance assessment or charge to which such lot or Building
site is subject under Article V hereof and, as part of such
regular assessment°or charge, it shall be a lien and obligation
of the owner and shall become due and payable in all respects
as provided in Article V hereof. Any dispute relating to the
assessed costs shall be reviewed by the Architectural Control
Committee upon petition by the o~+rner aggrieved by the assess-
ment. The Architectural Control Committee may conduct a hoaring
on any petition filed, but in any event shall render a decision
within thirty (30) days following filing of the petition and
shall make its findings available to the aggrieved owner.
Failure of the Architectural Control Committee to render a
decision within said thirty (30) day period shall render the ~
assessment costs for maintenance void and shall cease to be j
a lien against the property.
ARTICLE XI .,
Fences
Section 1. No fence shall be erected further than
twenty (20) feet from the perimeter wall of any dwelling.
Section 2. All fences from the standpoint of con-
struction, style, material, color and view shall be subject
to the prior written approval of the Architectural Control Com-
mittee. Because of the topography of the land, such matters
as the obstruction of the view, elevation, height, architectural
style and materials are of importance to all of the prospective
owners of lots in the subdivision, and therefore, for the pro-
tQCtion of all owners, the prior written approval of the Archi-
tectural Control Committee is•required. .
-15-
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<• ARTICLE XII
Set Backs
Section 1. Single family dwellings and multi-family
dwellings shall have a minimum set back from the front street
and side street of twenty feet unless otherwise specified by
•the Architectural Control Committee.
Section 2. Single family dwellings and multi-family
dwellings shall have a minimum set back of thirty feet from
the intersecting property line when dwellings face other d~:ellings
across a common area other than a private street, unless other-
wise specified by the Architectural Control Committee.
ARTICLE XIII
Utilities
All pipes, wires, cables and conduits for lighting,
heating, power, telephone and any other method of conducting
and performing any public or quasi-public utility service or
function shall be beneath the surface of the ground.
ARTICLE XIV
Signs.
Section 1. No signs or other advertising device of
any character shall be erected or maintained upon any part of
said property which is residential, except that (a) on any
one lot or building site one sign, not larger than eightee:;
(18) inches by twenty-four (24) inches, advertising the property
for sale or rent, may be erected and maintained; (b) the De-
veloper or its agents may erect and maintain on said property
such signs and other advertising devices as it may deem neces-
sary or proper in connection ;vith the conduct of its operations
for the development, improvement, subdivision or sale of said
property; (c) as to multi-family dwelling, only one (1) sign
visible from exterior of the building and designating only the
permitted principal use of the premises, shall be allowed
fronting each street, provided that: (1) the color, lighting
and style of the sign has been approved by the Architectural
Control Committee in writing; (Z) no sign shall exceed twenty
(20) square feet in area; (3) no sign shall be illuminated by
changing or animated ligf;ts or parts. Any illumination employed
shall be an indirect nature. ~~
ARTICLE XV
• Construction of Conditions and Restrictions
Section 1. The determination by any court that any
of the provisions of this Declaration or any part hereof', are
unlawful or invalid shall not affect the validity of the other
provisions or remaining portions hereof.
Section 2. Damages are declared not to be adequate
compensation for any breach of the provisions of this Declara-
-16-
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tigg, tlto Developer contemplating the enforcement of such re-
strictions as part of the general plan of improvements, and
not damages for the breach of such restrictions.
• ARTICLE XVI •
General Provisions
Section 1. Duration. The covenants and restrictions'
of this declaration sh~~-frith and bind the land, and shall
inure to the benefit of and be enforceable by the Association,
or the Owner of any land subject to this Declaration, their
respective heirs, successors and assigns for a period of
'twenty-one (Z1) years follocring the death of the survivor of
the nocr living children of Robert D. Glaisyer, or until the
year 2000 A.D., whichever first occurs; provided, however,
that said covenants shall be automatically extended for suc-
cessive periods of ten (10) years unless an instrument signed
by the then O:vners of tzvo-thirds (2/3) of the Lots or Living
Units has been recorded, agreeing to change said covenants and
restrictions in whole or in part. For purposes of meeting the
tiro-thirds requirement, when Living Units are counted, the Lot
or Lots upon which such Living Units are situated shall not
be counted.
• Section 2. Notices. -Any notice required to be sent
to• any D4ember or O:vner under the. provisions of this Declaration
' shall be deemed to have been properly sent trhen mailed, post-
paid, to the last known address of the person jrho appears as
Member or Owner on the records of the Association at the time
of such mailing.
Section 3. Enforcement. Enforcement of these covenants
and restrictions shall-6e-6y any proceeding at lair or in equity
against any person or persons violating or attempting to violate
any covenant or restriction, either to restrain violation or
to recover damages, and against the land to enforce any lien
created by these covenants; and failure by the fssociation or
any Ocvner to enforce any covenant or restriction herein contained
shall in no event be deemed a waiver of the right to do so
~,. thereafter.
Section 4. Remedies. The covenants, restrictions
and conditions containe in tiffs Declaration or any supplement
thereto shall be enforceable by proceeding for prohibitory'
or mandatory injunction. Damage s. shall not be deemed an ade-
quate remedy for breach or violation but, in an appropriate _
case, punitive damages may be awarded. In any action to enforce "
any such covenant, xestriction or condition, the party or
parties successful in the action shall be awarded costs including
reasonable attorney's fees. .
Section S. Additional Remedy. In addition to the
remedies stated above, t e Association or Developer, upon vio-
lation or breach of any covenant, restriction or condition •
contained in this Declaration or any supplement thereto, may
enter upon any property where such violation or breach exists
and may abate or remove the thing or condition causing the vio-
lation or breach or may otherwise cure the violation or breach.
-17-
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'~ ' The costncurrecl shall be billed' to and
otrners o he property. If tIte otrner or o-vnersbfaile after demand
b;• reasonable notice, to pay such costs then the Association or
Developer, whichever incurred such costs, shall have a lien,
frVgrr and after the time a notice of such failure to pay is
recorded in t}te records of Ada County, Idaho, against the property
of such otrner or otrners for the amount due and not paid, plus
interest from the date of demand for payment at the then existing
legal rate of interest for judgment in Idaho, plus all costs and
expenses of collecting the unpaid amount, including reasonable
attorney's fees. The lien may be foreclosed in the manner fors
foreclosure of mortgages or deeds of trust in the State of Idaho.
veloper's rightoof6enforcementf aelcoo tre cowenantspand're_De-
. strictions in this Declaration or any supplement thereto are
also conditions subsequent. In addition to the remeidies stated
above, if, with respect to any property, there is a breach of
or failure to comply t~rith any of the covenants, restrictions
or conditions contained in this Declaration or any supplement
t}tereto, then Developer sha•11 have the right, immediately or
at ary time during the continuation of such breach or failure,
to re-enter and take possession of the above described property
and, upon the exercise of this right of re-entry, title to
said property shall thereupon vest in Developer. If Court
proceedings are required to enforce the rights of Developer,
Developer shall be entitled to recover its costs including
reasonable attorney's fees. The right of re-entry and for
reverting of title provided under this section shall be subject
to the provisions of Section 7 of this Article XVI entitled
Protection of Encumbrancer. '
Section 7. Protection of Encumbrancer. No violation
or breach of any restriction, covenant or con ition contained
in this Declaration or any supplement thereto and no action to
enforce the same shall defeat, render invalid or impair t}te
lien of any mortgage or deed of trust taken in good faith or
the title acquired by any purchaser upon foreclosure of any
mortgage or deed of trust. Any purchaser shall, hot~rever, take
subject to this declaration and any supplement thereto, except
only that violations or breaches which occurred prior to such
foreclosure shall not be deemed breaches or violations hereof.
Section 8. Owner to Indemnif Otrners, and each of
them, indemnify and ho33'harm ess t e undersigned Developer,
its agents, successors and assigns for any and alI damages,
actions and/or injuries sustained by otrner, or a member of his
family or a licensee or invitee on his property where suc}t '
injuries arise on t}te properties.
IN }YITNESS iYHEREOF, CREST ROOD, INC. , an Idaho cor-
poration, has caused its corporate name to be hereunto sub-
scribed b}• its officers thereunto duly authorized and its
corporate seal affixed as of the day and year first above
trritten.
CREST 1Y00D, IiJC.
an Idaho corporation
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• Secretary
~ STATE OF IDAHO )
- ss.
j County of Ada )
On this 3rd da of March, 1976, before me,
y the undersigned,
. a Notary Public in and for'sa'id State, personally appeared ROBERT D.
GlAISYEP, and T. J. JOHNSON, who acknowledged themselves to be the
President and Secretary, respectively, of CREST 4JOOD, INC., an Idaho
• Corporation, and acknowledged to me that they have the authority to
I, execute the foregoing on behalf of such Corporation.
i
IN WITNESS THEREOF, I have hereunto set my hand and afFixed
• my.official seal the day and year first above written.
,.I.
;;~' ...~ 'SEAL,) _
• Plotary Pub is for Idaho
' ••• Residing at Boise, Idaho
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• snTE oT• to~sto, cOJ.'iT'i :, ~ roe. s~
~ ~ Fl!ad (~r raeorl at lht r•.;ec;t e! „~,,o...~.G-L
~ j ~iapas~~A o'c:ec:~+'..• •`.is~dr/a(.~7z~a..
1 // //C//IAR'cNCE A Pr tlTi.'G. RecaM.er
j 8y.~~ r e/%Y~ ~~~ // ~aQUty ~..
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NOTICE: Supplemental Declaration
of Covenants and Restrictions
The undersigned CREST WOOD, INC., as Developer
:; : referenced in the Declarations of Covenants and Restrictions
-:fix;
_ recorded for CRESTi•;OOD ESTATES SUBDIVISION NO. 1 and CRESTWOOD
1 . , :r
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.ESTATES SUBDIVISION IdO. 2 (recorded, respectively, as Instrument
Numbers 7603471 on January 28, 1976, and 7938581 on July 13,
1979-;-official records of Ada•County, Idaho), pursuant to Article
~~'; vI2, Section 10 of the respective referenced Declaration of
~1 Covenants and Restrictions, hereby surrenders the power of
appointment and maintenance of th°e Architectural Control
Committee provided in said Declarations.
This instrument shall constitute a Supplemental -
Declaration of Covenants and Restrictions, supplementing the
~~_~"~• - above-referenced respective Declarations of Covenants and
Restrictions.
,,_
r DATED: July ~, 1987.
`y
~ ~ .-•"'~ CREST WOOD, INC. ••
BY ~~Gu:~ •
'r"~~rf Ll~Lfl , Its Presi`aent
d ~~__
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NOTICE: SUPPLEMEIJTAL DECLAR_aTION
OF COVENANTS ARjD RE~TRICTIOIdS - 1
l~Y
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1
4~
STATE OF IDAHO }
} 55.
County of Ada }
On this ,=~~~~K~day of July, 1987, before me,
~~.u,(~ •s •~v?r~- ~ Notary Public in and •for
said State, person~:~l~y appeare ~a,6c°~'~ Li n l Y.nown
or identified to me to be the Presi en•t o CREST WOOD, INC., the
corporation that executed the within instrument or the person who
executed the instrument an behalf of said corporation,• and
,acknowledged to me that such corporation executed the same.
IN ldITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in this certificate
first above written. •• •••
1 ^ ~ ~. \'
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Notary Pu iy r I a o ~"•
• Residing at ~,-~ Idtrfio`
My commission expires on 7 i~ , 1~~~ • ,t ~'
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NOTICE: SUPPLEPIEAJTAL DECLARATION
OF COVENANTS AND P,ES'~'RICTIONS - 2
O s~zoo~o~~3
Ada County, Idaho ~+
R ue~~Q1 aT ,~) ! ~ I
jjJJ ~ P J,k/ ~ .~,ll ;l.
TIME a ~ ~ '. M.
DATE ?~~3 c~/
JOHN BASTIDA
RE• DER
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O G DeDu~Y '..
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' Elvu'r.1v ~ A=. IDes~ =: : rinNCiNC .c. r.= N.'4.P
~~~ FOR
~~ CREST WOOQ ESTATES SUBDIVISION NO. 1
~~
STATE OF IDAHO )
ss
County of Ada )
~~Cr` +V:. ~ .1 ~
.. +. V V~
~ 3`3~ ~,
Z, David M. Collins, a registered Professional Engineer~Professional Land
Surveyor, licensed by the State of Idaho, do hereby certify that:
a. The plat of CREST WOOD ESTATES SUBDIVISION N0. 1 was
. recorded in the Office of the Ada County Recorder,
#7502814, at 11:46 o'clock A. M., on the 12th day of
March, 1975, and filed in Book 36 of Plats at pages
3060 and 3061. This plat shows WEST 12th STREET to
be 60 feet wide, 30 feet on each side of the following
- described center line:
r,~.
.~ ,
Commencing at the Northwest corner of Section 13,
T3N, R1W, B.M.; Thence S. 89 49' E along the
- Section Line 1307.00 feet to an-iron pin;
`~-
Thence South 40 feet to the POINT OF BEGINNING;
Thence continuing South 250.09 feet to an iron
pin being the POINT OF TERMINATION.
b. The plat of CREST WOOD ESTATES SUBDIVISION N0. 3 was
recorded in the Office of the Ada County Recorder #8819887, at
11:00 o'clock A. M., on '~.he 27th day of April, 1988, and ~iled
in Book 55 of Plats at pages 5081 and 5082. This plat shows the
same identical aforementioned public right-of-way to be
S. WEST 12th AVENUE.
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This affidavit-is for the purpose of authorizing the Ada County Recorder to
make a notationk•on the said plat of CREST WOOD SUBDIVISION N0. 1 changing
'WEST 12th STREET" TO "S. WEST 12th AVENUE" so that the two plats will be
in consonance with respect to the street name and conform to Ada County
Ordinance No~:,~$~.~;82, Uniform Street Naming and Address Numbering.
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David plli~3 °
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Idaho c~`r~io~tal~ ~~? er/Professional Land Surveyor License No. 2806
~p M . CO
STATE OF IDAHO )
ss
County of Ada )
• ~ On this~day of 1988, before me, the
U
undersigned, a nota_,-y public in and for said state, personally, appeared
David M. Collin, known to me to be the person whose name is subscribed
to the within instrument, and acknowledged to me that be executed the same.
IN WITNESS WI~REOF,~I have set my hand and seal the day and year in
,,
this certificate first above written.
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:Notary Public for %aaho
=~2~sidi~iq•, at '~.rs~,= Idaho •
• . tic•~t~ Pudic in 8nQ tDI tfe .its D' ldan:
Reii1'u!y ir. Jiamox.Camon ~Ln!v, !e•~~
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Ada County.^ Id~~:d•~/ /~
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7
DECLARATION OF COVENANTS,•
CONDITIONS AND RESTRICTION'S
FOR ARCHITECTURAL CONTROL
THIS DECLARATION is made effective on the date
hereinafter set forth by WASHINGTON FEDERAL SAVINGS AND LOAN
ASSOCIATION (hereinafter referred to as "Declarant");
WITNESSETH:
WHEREAS, Declarant is the Owner of certain real
property situate in the City of Meridian, County of Ada, State of
Idaho, which is more particularly described on Exhibit A attached
hereto and incorporated herein by this reference, which real
property is hereinafter referred to as the "Property."
NOW, THEREFORy, Declarant hereby declares that ~~.he
Property will be held, sold and conveyed subject to the following
covenants, conditions and restrictions, hereinafter referred to
as the "Covenants," which are for the purpose of protecting the
value and desirability of, and which shall run with and bind, the
Property and each and every part, parcel and lot thereof, and be
binding on all parties having any right, title or interest in i~.he
Property•or any part, parcel or lot hereof, their heirs,
successors and assigns, and shall inure to the benefit of each
Owner thereof. Each person or entity acquiring title to any lot
or parcel subject to these Covenants, by acceptance of a deed for
any such lot or parcel, is deemed to have accepted these,
Covenants and to hold title subject thereto.
._•ARTICLE 2
DEFINITIONS
Section 1. "Association" shall mean and refer to the
Crest wood Estates Homeowner's Association, Inc., an Idaho
nonprofit corporation.
Section 2. "Owner" shall mean and refer to the record
owner, whether one (I) or more persons or entities, of a fee
simple title to any lot which is apart of the Property,
including contract purchasers, but excluding those having an
interest merely as security for the performance of an obligation.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTION'S FOR ARCHITECTURAL CONTROL - 1
......
~~;
s'~~:
O 115~.On~,228
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Section 3. "Property" shall mean and refer to the deal
property described in Exhibit A attached hereto.
Section 4. "Lot" shall mean and refer all Lots within
and shown upon the official recorded plat of~Property, or any
portion thereof, to be filed by the office of the Ada County
Recorder.
Section 5. "Declarant" shall mean and refer to
Washington Federal Savings and Laan Association.
Section 6. "Project" shall mean and refer to the
Property and all contemplated improvements thereto.
Section 7. Whenever the context so recruires, the use
of the singular shall include the plural, the plural the
singular, and the use of any gender shall include all genders.
ARTICLE II
ARCHITECTQRAL CONTROL COP~:ITTEE~
Section 1. Architectural Control Committee. In order
to protect the quality and value of all homes built on the
~.. Project and for the continued protection of the Owners thereof,
an Architectural Control Committee, consisting of three members
to be appointed by the Declarant is hereby established. At such
time as the Declarant no longer owns or holds title to any parr
or portion of the Property, then the membership of the
Architectural Control Committee shall be appointed by the Board
of Directors of the Association, to succeed the prior Committ6~e
membership upon such appointment.
Section 2. A~nroval by Committee. No building, fence,
wall, patio cover, window awning or other structure shall be
commenced, erected or maintained upon any Lot, or other parcel e~
property within the Project, nor shall any exterior addition to
or change or alteration therein be made, until the plans and
speckficatiors showing the nature, kind, shape, height,
materials, location of the same, and such other detail as. the
Architectural Control Committee may require (including but nat
limited to any electrical, heating or cooling systems), shall
DECLARATION OF COVENANTS, CONDITIONS AND
RrSTRICTIONS FOR ARC?i=TECTURAL CONTROL - 2
~~:
~~;:
® 22~20:~2229
have been submitted to and approved in writing by the
Architectural Control Committee. In the event said Committee
fails to approve or disapprove such plans, specifications and
location within thirty (30) days after said plans and
specifications have been submitted to it in such form as may be
required by the Committee, in writing, approval will not be
required, and this Article will be deemed to have been fully
complied with.
Section 3. Rules and Reculatiors. The Architectural
Control Committee is hereby empowered to adopt rules to govern
its procedures, including such rules as the Architectural Control
Committee may deem appropriate and in keeping with the spirit of
due process of law with regard to the right of concerned parties
due to be heard on any matter before the Committee. The
Architectural Control Committee is further hereby empowered to
adopt such regulations as it shall deem appropriate, consistent
with the provisions of this Declaration, with regard to matters
subject to the Architectural Control Committee's approval,
including ratters of design, materials and aesthetic inte=est.
Such rules, after adoption, shall be of the same force and effect
as if set forth in full herein. .
Section 4. Fe_s. The Architectural Control Committee
may establish, by its adopted rules, a fee schedule for an
architectural review fee to be paid by each Owner submitting
plans and specifications to the Architectural Control Committee
for approval. No submission for approval shall be considered
complete until such fee has been paid. Such fee shall not exceed
such reasonable amount as may be required to reimburse ~~he
Architectural Control Committee for the costs of professional
review of submittals and, in any event, shall not exceed the sum
of One Hundred Dollars ($100) per submittal. _,
Ss^yion
provisions of~thi
following persons
outlined herein:
ARTICLE III
ENFORCEIWNT
Z. Persons Entitled to Enforce. The
s Declaration may be enforced by any of the
or entities in accordance with the prccedures
DECLARATION OF COVENANTS, CONDITIONS AND ~~
RySTRICTIONS FOR ARCFiTTECTL'R.~L CONTROL - 3
® ® ~1~~.Q~~zz3o
_
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4
(a) The Architectural Control Committee;
(b) The Declarant;
(c} The Owner or Owners of any Lot adversely affected,
~•w=~ ~ ~ but only after demand made upon the Architectural
Control Committee and its failure to act.
Section 2. Methods df•Enforcement. The provisions of
these Covenants may be enforced by legal or equitable action for
damages, injunction, abatement, or specific perfornance.
Section 3. Preconditions to Enforcement Action. No
y action shall be filed against an Owner, seeking enforcement of
R ~~~~~~ ~ these Covenants by a court until
(a) The Owner is given fifteen (Z5} days' written
notice of the proposed action and a timely
opportunity to be heard on the matter. The
opportunity to be heard may, at the election of
-::1° such Owner, be oral or in writing. The notice
shall be given personally to such Owner or sent. by
'' first-class mail to the last known address of such
~~ ~~~~~ owner, and shall state the place, date and time o=
- the hearing.
(b) The hearing shall be conducted by the
'~- Architectural Control Committee, which shall
conduct the hearing in good faith and in a fair
and reasonable manner and shall not reach a
decision regarding filing of an enforcement action
~. until the conclusion of the meeting.
}
~
Section 4. Fees and Costs. The Declarant, or any ••
person entitled to enforce any of the terms hereof, by any of t.:Ze
means contained herein, who obtains a decree from a Cain-t or•
-
shall be
arbitrator enforcing any of the provisions hereof
~~
`~~ entitled to reasonable attorneys' fees and all costs incurred or ~
~
_ anticipated to be incurred in remedying the offensive condition =
as apart of his or its judgment or decree against the party in
~ violation hereof-.
~~ -'_ ~ DECLARATION OF C0~ ~NANTS, COND.T_TIONS. AND
RySTRICTIONS FOR ARCHITECTURAL CONTROL - 4
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Section 5. Non-Liability for Enforcement or fog Nor.-
Enforcement. Neither the Architectural Control Committee nor•;..he
Declarant shall be liable to any person under any of ~~.hese
Covenants for failure to enforce any of them, for personal
injury, loss of life, damage to property, economic detriment, or
for any other loss caused either by their enforcement or non-
enforcement. Failure to enforce any of the Covenants contained
herein shall in no event be deemed a waiver of the right to do so
thereafter. '
AStTI CLE IV
GENERAL PROVISIONS
Section 1. Severability. Invalidation of any one of
these Covenants by judgment or court order shall not affect any
other provisions hereof, which shall remain in full force and
effect.
Section ~. Amendment. The Covenants of this
Declaration shall run with and bind the land for a term of ten
(l0) years from the date this Declaration is recorded, after
which time they shall be automatically extended for successive
periods of ten (10) years unless a document terminating i,.he
Covenants of this Declaration, signed by seventy-five DerCent
(750) of all Owners of Lots and the Declarant, duly acknowledged
as to each executing Owner and the Declarant, is recorded in the
official records of Ada County, Idaho. This Declaration may be
`~- amended only by an instrument signed and acknowledged by tze
Owners of not less than seventy-five percent (75%) of ~~.he Lots
subject to this Declaration and by the Declarant.
IN WITNESS WHEREOF, the undersigned, being the_
Declarant herein, has hereunto set its hand and seal this ~ _: day
of PDT=,., op~ , 989.
WASHINGTON FEDERAL SAVINGS AKD
LOAN ASSOCIATION
Its ~ -,~.. :--~~,U d..~~--
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DECi~,tZn` TION OF COVENANTS , CONDITIOI3S AND
RESTRICTIONS FOR ARCHITECTURAL CONTROL - S
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4.
~~ ~- .''~ STATE OF IDAHO )
ss.
County of Ada )
~S~P~cn.b~ r-
On this ~ day of ~~' , 1989, before me,
- , a" Notary Public in and for said
w ~• c fir? ~'
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=~ >; __
.
State personally appeared ~~ . at r+l e- and i rou; S. ;=nrY~ ~U ,
~
or identified to me to be the rpz~esident and-~°^~°-°"~•,vr~e~resia°~~
finown
respectively, of WASHINGTON FEDERAL SAVINGS AND LOAN ASSOCIATION,
~`~~~ the corporation that executed the within instrument or the pe=sap
who executed the instrument on behalf of said corporation, and
achnawledged 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.
1 ~ JC.
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.. rye ' ":' r . ~. ~ Notary Public F-ar Idaho
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... Residing at ~r`~~~c~-~~ , Idaho
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DFCT~.r`,RATION OF COL~NAlv'TS, CONDITIONS AND
RSTRICTIONS FOR ARCHITECTURAL CONTROL - 6
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The Northwest Quarter of Section 13, Township 3 North,
Range 1 west of the Boise-Meridian, Ada Ooun_y, Idaho.
,;~°
`},~~: ::1CEP':'INv ther _: rpm the following:
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Beginning at the Southwes*_ corner~•of the Northwest
Quarter of said Sec±ion 13; thence
_ast 60 rods; thence
North aarallel with the west lane of said Sec*_ion, 48
rods; thence '
west parallel with the North section line, ~0 rods;
tneP..e
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- South along ec _ '
s ion i _ n~ , 4 8 rods to the ?O=~:T O:
BE~:NNING.
A?`TD = U _..~ ~.:,::?T:NV tre =ollowin9 .
;~• - Beginning at th, ~•;orthwest se.*_ion cor.^.er c: said •
Sec~ion 13; *_hence
South 89°49'00" =ast 311.30 feet along t're Nerth section
line of Section 13, to a point; thencs
~~ South 00°11'OC" t"tsst 40.00 feet to a point on the South
<~, r~ ght o_ T«ay o= - =an'r,lin Road to the ?O_NT 0:
`
~.
BEOINNiNCs; t~ience.
,
~.x South 00°00'30" mast :0.54 felt to a noznt; thence
North 8Q0~9'30" •East :39.07 feet to a point; *_hence
_ North 77°37'57" mast :4.27 feet to a point; thence
South 90°00'00" mast 320.00 feet to a paint; thencs
South 8i°2'13" mast 10.71 feet to a point; thence
`~• South 90°00'00" mast Zo0.?6 feet to a point; thence
•J North 00°23'01" East 149.59 feet to a po?n_; thence
South 89°36'59" East 1c5.04 fee*_ to a ooir.= on the west
right of way of west 13th Streit; thence
~'~` North 00°00'00" East 177.40 feet along said right of way
to a point; thence
~- On a curve to the lei whose cent_al anc?e is 90°"~'0'0"
whew radius is 30.00 fey*_, whose lsncth is 31 54
Test, whose tangent is 30.13 feet and whose long
;~` chord burs idor th '__°? 0' S8" west 28.38 feet, .o a
paint on the South _zch_ oT way o` .rank_in RoaC;
~~' thencs
"~M Nvr~h 8°°49'00" taest czo-30 fret alone said -~chF o_ ,,;,..
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to the ?OI`;T ~= 3.D=NN=:Pv'. _
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nND : UR- :~R -•~'--- -I~t,^ ~:^.°_ _ ~? l0'«1;IC
Be=inninc at ti^.e i•1or=:ewes= sec_:on ccr::°r of said
S°==ion '- ~='-'n_'
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South 89°49'00" _ast 1307.00 feet along the North se__ion
line of Sec_ion 13 to ~he center '_ine o Southwest
12th Avenue; *-hence
Along the centerline o_ Southwest 12th avenue South .
00°00'00" west 290.09 :eet to a ooint; thence
': North 9Q°00'00" west 30.00 feet to a point on the. west
- right of way of Southwest 12th Avenue, said point
being the POINT OF 3EvINNING; thence
~~ South 00°00'00" along said right of way 91. i6 feet to a
"" ~
~~ point; thence
Leaving said richt of way North 90°00'00" west 197.98
=eet to a point; thence
North 00°11'00" East 142 19 feet to a point on the South
right of wav o= Crestwood Drives; then.-e
~
left whose
nlong said right o: wav on a curve to the
~~ central angle is 12°22'46", whese _adius is 200.80
~~,`? feo*_, those length, is 43.39 and w'rese Tong chord
bears North 66°11'20" Zast 43.31 =eet to a point;
~~° thence
On a curve *_o the richt whose cent. al angle i.s 30°00'00",
whose radius zs 202.13 feet, whose length is 103.8;
feet and whose long chord bears North ~~°00'00" Eas_
104.63 feet to a point; thence
South 90°00'00" mast 36.84 feet to a paint; thence
On a curve to the right whose central angle is 90°00'00",
whose radius"is 20.00 reef, whose ler.,th is 31.42
feet and whose long chord bears South ~:°00'00" mast
,~ ~~t~ 28.23 feet to a point on the west right of way of
Southwest 12th Avenue; thence
South 00°00'00" west 75.00 feet to tze POI2~T OF
BEGINNING.
"~` Said parcel contains 0.79 acres more or less.
`3 `` AND =URTRRR D:{C=PTIVG the =ollowing: .
From the common corner of Sections 11, ?~, 13, and 1~.,
~, `~~ Township 3 North, Rant= 1 west
3ois=-~ericiafi
a ••
,
,
distance of 2,638 reef on a bear_ng c. 89°49' East to _::^.e
POINT Oc BEGINNI~7G; thence
South a distance of 788.8 .feet; thence
North c~°57' wee. a distance o= 386.0 feet; thence
North 00°Q3' Zast a distance o: 183 0 ree_; thence
,~_ North 09°l0' jr=st a distance of ?2 .;= 'eet; then_s
Nor;h .3°l3' weer a e:s_ance of 84.9 'ee-; _hen_e
Nor~h~00°02' mast a distance of 218.00 :~e*• ther._e
_,
{, `~ South 89°49' Zas= a cistanc= o. 41'_.0 :ee_ co the P^...'
OF 3EvINNING.
AiJD FL'RT»~R E:iO_?'rIDJG the followin;:
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Those portions lying within the Plats of Crest Wood
estates Subdivision No. 1, according to the plat
thereof, .filed in Book 30 0 Plats at pages 3060 and
3001, A,YD Crest wood Ssta_es Subdivision No. 2, '
according to the plat thereof, =i1ed in 3ook 47 of ?1a~s
at pages 3812 and 3813, records of Ada County, .hdaho.
AND ?URTBSH ERCSPTING the following:
o That portion thereof conveyed to Ada County
Highway District or public right of wav by
Deed recorded under Irstrument~Number 7?67043,
which was a re-recording of Instrument Number
79021.2;
o That portion deeded to the Idaho railway Licht
and Power Comps..^.y;
o Irrigaticn ditch ric~:t of way described in
Book 84 of Deus at page 30i, deeded to the
. United States of America;
o The 3oise vallev railway ;fight of way
described in 3cok 104 of Deeds o: page X29;
and
o Drainage Ditch :fight of way described in Book
127 of Deeds at pages 280, deeded to the United
States of America. .
...
PARCSL B
The Northeast Quarter o~ _ho Southwest Quarter of
Se=lion 13, Township 3 North, 3ange 1 west,
Boise-rieridian, Ada County, Idaho, ='?T a parcel of
land more particularly described as-Tollows:
Commencing at the mast Quarter corner o Section 13;
thence
South 89°:9'58" west 2,643.07 =eet to the center c=
Section 13; the PAINT Q. .,S~:~ID1INv; thenc=
Ccnt-suing on the cen_er sec.ian line South 89°-9'~a"
west 200.00 _ee`. r `'
theme
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North"a9-~9'sa° ~~~t 2oe ao =»-; thence
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~A"'""~- '?' WOOD ~8'T'+T"~8 sU3DIVISION N0.
The following lots .n C~-' .i1ed in 3ook 30 0.
~, according to the plat the:_o=•
Plats at cages 3000 and 3001, re=ords of Ada County,
Idaho: .
Lot 13, Block 1
Lot 12, 31ock 1 that conveyed to
Lot 11, Block 1,.=~C='T portion dV d dated
John C. Ulam and Te::y ~nogsnyd_r by °°
April 24, ~g78, recorded A~ri1 25. 1918 as
snst:ument No .. 7821341, records of Ada County,
Idaho
Lot 22, 31o~k 2
Lot 23, 31ock 2
Lot 24, 3lock 2
- Lot 2~, Block Z
Lot 2~, Blc~k 2
AND -
T* '^"g SI33DIL'. S IOid N0 .
The following lots in C?:.eT WOOD ~Si;ed in 3ook r
47 0~
2,~ac~ording to she plat thereo-• - Coun: ,
Puts at paces 3812 and 3813, records of Ada Y
Idaho:
Lot ~ ~ -
Lot 6
~.. Lot 11-
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