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HomeMy WebLinkAboutGlennfield ManorMarch 14, 1992 Meridian City Council City Hall Meridian, Idaho 83642 Gentlemen: Enclosed Arev.cop,es -df letters to and from Mr. Wayne Crookston regarding the uncovered ditch running through Glennfield Manor Subdivision. As is indicated in his letter to me, the jurisdiction over this continuing hazard lies with the City Council. Accordingly, please take whatever action is necessary to move this matter toward a safe conclusion. Continued delay only prolongs the threat to our young children. Thanks in advance for your prompt attention to this matter. If you should need any assistance from myself or the many other neighbors interested in this problem, please feel free to get in touch with me. Sincerely, Clark W. Hyv n 1925 N. Monaco Way Meridian, Idaho 83642 Home: 888-1137 Work: 334-7175 March 3, 1992 Mr. Wayne G. Crookston 1530 W. State Ave Meridian, Idaho 83642 Dear Mr. Crookston: Max Boesiger has recently written us (arid other neighbors) expressing an interest in piping over the still uncovered ditch which runs along our property in the Glennf field Manor development. His letter also solicited our interest in covering half the expense. It was our understanding when we purchased the_pr.operty that._, the ditch was to be piped in by the previous developer per agreement with the city when development was taken over. I am now tbld that, because time has passed, this developer has ignored city requests regarding this matter and/or is "pleading poverty" (a position which is difficult to understand given the success of the Meridian Gre-ens project). As we (and almost every neighbor in the area) have young children to whom this ditch presents a dangerous hazard, we are all more than interested in piping it over "ASAP". While solving the matter has been delayed until it had to be addressed, it appears the continued development around us now requires that the City of Meridian, the developers who are/have benefitted financially and we residents resolve this situation.as quickly and fairly as possible. Accordingly, as the City Attorney, could you please give this matter your prompt attention. Perhaps a "joint venture" between the old and current developer is in order --- (that would appear to be the most fair solution, and one in which everybody wins). From conversAtions with my neighbors, including those not living near the ditch but who have children who play around it, this view is shared by all. — Please let me know as soon as possible what can be done. If I can be of assistance, I will be happy to help. My phone number and address are included. Sincerely, Clark Hyvonen 1925 onaco Way Meridian, Id. 83642 Work phone: 334-7175 Home phone: 888-1137 p GRANT L. AMBROSE (1915-1968) JOHN O: FITZGERALD. P.A. WAYNE O. CROOKSTON, JR., RA - WILLIAM J. SCHWARTZ • • AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 1530 WEST STATE - P. O. SOX 427 MERIDIAN, IDAHO 83642 Clark W. Hyvonen 1925 N. Monaco Way Meridian, Idaho 83642 Dear Mr. Hyvonen: THIS FMM DU=MM MOFFSSIONAL OORFOAATIONS March 12, 1992 TELEPHONE 8884461 AREA CODE 208 I am in receipt of your letter dated March 3, 1992, regarding the Settler's Village canal in Glennfield Manor development. Thank you very much for your letter. I will forward this on to the Meridian City Council as they are the ones that have appropriate jurisdiction over this matter, and are the ones that direct me to-do something, if they so desire. I think, also, it would be best for you to gD ahead and correspond with them directly. If you have any questions about this matter, please get in touch with me. Very truly �y'ours, WAIN G. CROOKSTON, 4JR. WGC:msg pc: Meridian City Council sig i A CITY OF MERIDIAN SUBDIVISION EVALUATION SHEET (Recommendations Only!!) Proposed Subdivision Name: GLENFIELD MANOR NO. 3 Subdivision No. Date Reviewed: 9/28/89 Preliminary Stage: Final: XXX The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. i The streef name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under the direction of the Ada County Engineer) regarding this su4d1vis1on. �n � n I l n 1. i ►,1 1/1 10 o 4 --rill iV � 111 /d I -/i 19 1 . /go A • t� h r H Q "-(" VJ N -f I; Lance /,moi4,er mi r/ , e 4-t-) vw, k (7.e. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee, In order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE AGENCY' REPRESENThTI)(ES OR DESI.GNEES Ada County Engineer Jobs E.' Priester % Z Ada Planning Assoc. Terri Raynor ,4.)-',J Local Fire Dept. Representative *******NOTE**********A COPY OF THIS EVALUATION SHEET MUST BE PRESENTED TO THE ADA COUNTY ENGINEER AT THE TIME OF SIGNING THE "FINAL PLAT", OTHERWISE, THE PLAT WILL NOT BE SIGNED!!!!!!!!! Numbering of Tots and Blocks 1-51.no /t -:� "'1 , (r; ,-�.•x--F- - t CHARLES L. WINDER, President DWIGHT V. BOARD, Vice President GLENN J. RHODES, Secretary Skinner & Assoc. 1002 Blaine Caldwell ID 83605 Re: GLENNFIELD MANOR 03 - PRELIMINARY PLAT ADA COUNTY, IDAHO September 6, 1989 On August 31, 1989, the Commissioners of the Ada County Highway District (hereafter called "District") approved the Preliminary Plat subject to the conditions as stated below: STANDARD CONDITIONS: 1. All dedicated streets to be constructed and designed to ACHD standards and specifications. 2. All specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to Ada County Highway District are to be sealed, signed and dated by a Registered Profession- al Engineer or Professional Land Surveyor, in accordance with Idaho Code 54-1215. 3. Obtain written approval from irrigation/drainage jurisdiction for storm runoff into irrigation/drainage system(s). 4. Relocate all obstructions outside of the proposed street improvements. Prior to relocation, obtain written permission from the applicable jurisdiction. 5. Provide for the continuation of all existing irrigation and drainage systems across parcel. 6. Submit 3 -sets of street construction plans for review and approval by the District. 7. Approval of development plans at preliminary or final stage is only for general conformance with District standard specifications and general compliance with minimum standard requirements. The developer, the engineer, and/or contractor, as their interests may appear, remain responsible, individually and collectively for designs, dimensions, quality and satisfactory performance of the development. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 r' Skinner & Assoc. September 6, 1989 Page 3 0 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission is requested within 15 -days prior to the expiration date. If you should have any questions, please contact me at 345-7662. HRWRT-WTRICT Jon DI Thompson Devel pment Services aC evelopment Services hron Meridian City Council, 33 E Idaho, Meridian ID 83642 • September 1, 1989 RE: GLENNFIELD MANOR NO. 3 SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS CITY ENGINEER REVIEW COMMENTS .b cu.." o Page 2: Land Classifications mean what other than Lot? Page 4: Setback restrictions- The rear lot line should read 15 feet rather than 10 feet. Page 5: Fences- Are only chain link fences allowed? Page 9: Sight Distance @ Intersections- - Maximum height of the fence in the sight triangle shall be 3 feet and its construction shall be "chain link" or "open". - The 30 foot referenced distance is measured from the intersecting point of the property lines. - I am not sure I understand the verbiage on the sight distance from driveways. Page 9 & 10: Yard Lights- - Add a minimum wattage of light bulb (60 watt?) - Add the following sentence- "The yard light shall be electrically wired directly to the residences T electrical breaker panel and shall comply with the National Electrical Code. • o SETTLERS' IRRIGATION DISTRICT P. O. BOX 7571 BOISE. IDAHO 83707 PHONE 344.2471 September 1, 1989 Kenneth R. Rice, P.E. _ 4 Holladay -Engineering Company P.O. Box 211 - Payette, Idaho 83661 - - Re_: Glennfield Manor No. 3 Improvement Plans Project No. 050589 - Dear Mr. Rice: - Regarding the above mentioned plans, please be advised that - _ - Settlers Irrigation -District requires. -that where the canal -follows the - subdivision 5oundry the ditch should be tiled or an 18 foot easement -be provided for the purpose of - RQ maintenance f- -maintenance and weed control. Tiling the canal would eliminate the problems of weeds, illegal pumps, and much of the inconvenience property owners will experience with regards to dust, and noise, caused by our heavy equipment during the course of maintenance. If you have any questions, please call me at 343-5271. Sincerely, Troy L. Upshaw, Manager Settlers Irrigation District k - TLU/vrk - cc: Skinner & Associates. - Gary Smith = - - 0 0. I"1 . 4 .M �.. DECLARATION OF PROTECTIVE CONVENANTS CONDITIONS AND RESTRICTIONS , GLENNFIELD MANOR #3 DATED . `RECORDED: INSTRUMENT NO: WHEREAS, L- & R SALES, an Idaho Partnership, hereinafter referred to � as "Declarant", is the owner of certain real Property situated in the City of Meridian, in the Count, of Ada, State of Idaho, known as Glennfield Manor Subdivision #3. ^ WHEREAS, Glennfield Manor #3 is a duly recorded plat^ and, WHEREAS, the Declarant desires to declare of public record certain Protective Covenants, Conditions and Restrictions upon the ownership of said property: NOW THEREFORE" in consideration of the foresoing the Declarant does hereby declare that the following Protective Covenants, Conditions and Restrictions: 1. Shall become and are hereby made a part of all ' , conve,ances of -all lots within the plat oF GLENNFIELD MANOR #3, recorded on the ____ day of ________, 12__, in ' Book __ of Plats at pages ___________ of the records of Ada Count,, � State of Idaho; and, 2, Shall by reference become a part of any such convevance , and shall apply thereto as full, and with the same effect as if set 'forth at large therein. ' A. PROPERTY SUBJECT TO THESE COVENANTS 1. ��itial_��ueluem��t Dpclarant hereby declares that all of the real Property described above is held and shall be held, conveyed, � h,pothecated, encumbered, used, occupied and improved subject to these covenants. The above Property together- with oeethermith other real property from time to time annexed thereto and made subject to these covenants shall constitute 8lennfield Manor 13. 2~ Declarant may from time to time annex to Glennfield Manor an, adjacent real Property now or hereafter acquired b, it. The annexation of such additional phases of . Glennfield Manor shall be accomplished as follows: ' (a) The Declarant shall record a declaration which shall be executed b, Declarant, and shall among other things describe the real Property to be annexed, establish an, '^ additional or different limitations, restrictions, covenants and conditions which are intended to be / applicable to such propert,, and declare that such property is held and shall be held, conveved, h,pothecated, encumbered, used, occupied and improved ^ subject to these covenants. (b) The Property included b, an, such annexation shall thereby become a part of these covenants. (c) Not withstanding an, Provision apparently to the contrary, a declaration with respect to an, annexed area may 1. Establish such new land classifications and such limitations, restrictions covenants and conditions with • 0 respect thereto as Declarant may deem to be appropriate for the development of the annexed Property; 2. With respect to existins land classifications? establish such additional or different limitations, r•testr"ii_tions7 covenants and conditions with respect thereto as Declarant may deem to be appropriate for the development of such annexed Property. B. LAND CLASSIFICATIONS 1. Lai A lot shall be a.n••r plot or tract described in the above recorded Plat. A11 said lots shall be used for residential Purposes s G-'::•:: ept for tG:ITIpor•ar•'Y Sales offices for h, mebuild<er•s or the Declarant. Q BUILDINO RESTRICTIONS i o �s�si�i�r�lial_PJs No lot shall Use improved except with a dwel 1 ins or residential structure dresisned to accommodate no more than a. sinsle family and structures normally accessory to such residences, exceptine the richt of any ho1ef;::Euild r° and the Declarant to use any sinsle family residence as a sales office or model home for Purpose of sales !eIi'{:hin Glc:nnfitld Manor. 2. Dwallins—Size The sr and floor area of the main structures exclusive of once—story open Porch::_ and sa.r•asesa shall not be 1=_s than 1300 Sq. ft for a. one—story dwel 1 ins nor shall the main level 'be less than 800 s9a ft for more than one • story. Each single family dwelling shall be Provided with a. Private garage of adequate size to shelter not less than two standard size: automobiles. 3. All dwellings constructed '.p n said Property shall conform to the setback restrictions as follows unless specifically waived in writing by the Architectural Control Committee. In no case can the Architectural Control Committee grant a variance to less than the setback as defined in the Meridian City Ordinances unless a variance is granted by the Pity through approved Procedure. No building shall be located pan any lot nearer than twenty (20) feet to that front lot line; nearer than fifteen (15) feet to the rear lot line, on corner 1 is the side Yard shall be minimum of twenty (20) feet n the side abbuttins the street. Side Yards shall meet Meridian.City code. 4. Casewan±.s Easements for the installation and ma.intce nance of utilities and surface drainage facilities are reserved as indicated in the recorded Plato Within these easements, no structure or Planting or other material shall be Placed or Permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which ma••.• change the direction of flow of surface drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible~ No structures of a temporary character, trailer, basement, tent, shack, sarase, barn or other outbuilding . shall be used on an, lot at an, time as a residence, either temporarily or Permanently. 6. Mcisatiuu In accordance with the Provisions of Idaho Code, Section 31-305, the Declarant assumes no responsibility for Providing mater for irrisation purposes other than through the domestic s,stem, and the purchaser acknowledges the following: a> that irrisation mater deliveries have not been provided; ' b> that the owner of the lot must remain subject to all assessments levied by the irrieation entity; ' c) that the purchaser shall be responsible to pa, such legal assessments: A that the assessments are a lien on the land within the � irrisation entity. 7. Eazzcea No fence, hedge or malls exceeding six (6) feet in height shall be erected or placed or permitted to remain on an, ` lot. Fences shall be well constructed with subdivision architectural similarity and approval. In no event shall side Yard fences Project beyond the front walls of an.Y. dwel l i ns or sarase that does not meet the City ;, - Meridian code. No noxious dor offensive activity shall be carried on upion a. n y lot, n o r• shall a. n •r• t hl i n s be done thereon whlich ma.•Y• be r• rria.'Y• become an annoyance or nuisance to the nwAhob orhroodo 9. No trade, craft, tou>:+.nees Profession, commercial or similar' activity of any kind shall ba conducted on any lot, nor shall a.n`7' s000 ds, equipment, vehicles, ITma.teria's r supplies used in connection with any trade, service or - business be kept or stored on any lot, r ceptins the r•ish•t of any homebuilder and the Declarant to construct R. residence on any loot, to store construction materials and equipment on said loots in the normal course of said onstruction No sisn of a,n•,= kind shall be displayed to the Public i view on a.rl'•r loot or impr'oovemen'i, except one Professional a isn no more than 24ino_hes by 24in hies adver•tisins the property for sale or rent. This does not apply to Lions used by builder dur•ins the construction a.nd sales Per•irod Z 1 4 Eatlri.�9 Parkins of boats, trailers, mo_oto_or•c•Y•o_ l es, trucks, truck— campers and like equipmeent shall not be allowed on an••o' Part of said Priope:rt•y nor on Public ways adjacent thereto e o_e3Ptins only within the confines :of a Prib°acy fence or storage structure, and no portion :of same may project above: or beyond the enclosed area. 12. Mier als No animals, livestock oor poultry of any kind shall be raised, hor••Ld or kept on any lot except that a. total of two household Pets may be kept Provided j;he.'o•• are not kept, hor•e?of or maintained for any commercial Purposes and Provided they are kept on a leash when outside their owners Property boundary lines. 1 ) Wash—and—Rubbish No Part of said Pr•ooper•t•y shall be used or maintained as a dumping groand for rubbish, trash, garbage or an••;• other waste. No sarhoasees trash) or other wash shall be kept or maintained on any Part 1e•i said Property except in appropriate sanitary containers for Proper disposal and out o f Public view. All containers for the storage or disposal of such materials shall be in a clean and sanitary condition. 14. .Construction of any dwelling shall be completed including exterior decoration within Light months from this; date of the start of such construction. All lots steal l s Prior to the construction oo•f' improvements thereon, be kept in a neat and orderly condition and free of brush, vines, wands, debris and the grass thereon cut or flowed at sufficient intervals to Prevent creation of a nuisance or fire hazard. The exterior of all construction on any lot shall be designed, guilt and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscarins within Gle:nnfield Manor U. Exterior color must be approved by the Architectural Control Committee. Exterior 'tr'im, fences, doors, railinssa decks, eaves, setters and the v::•::tc:rior• finish of gar'ag:?s and other accessory buildinss shall be d sinned, guilt and maintained to be compatibles with the e.:;'h•::rior of the structure they adjoin. 16. La.ndscaae—C .melatlars Within thirty (30) days after occupancy of the dwel l i.ns unit, each lot shall have. 7n front Yard rolled (sod) lawn, one (1) deciduous r conifer tree, at least two (;,:'.) inches in diameter and ten (10) shrubs or bushes as approved by the Architectural Control I,:iifimittee. All fr ;rent Yard landscaping must be completed within ninety days from the date of occupancy of the residence constructed thereon. In the event of undue hardship du to weather conditions, this Provision 6THa••i' be extended up to a maximum of six (6) months upon written approval by S the Architectural Committee. 17. Exterior antennas or satellite dishes shall not be Permitted to b4:: Placed upon the roof of any structure on any lot so as to be visible from the street in front nt said lot. Clothes lines and other facilities shall G screened so as not to be viewed from the street. Th Placement of all such items shall be approved by the Architectural Committee and include a map der -i tins, the Plan of such items. No fence, wall hedge or shrub Plantins which obstructs sight lines a.t elevations between two () and six "•) feet above the roadways shall be Placed or Permitted to remain on any corner lot within the triangular area armed by the street Property lines and a line connecting them at Points thirty (30) feet from the intersection of the street lines, or in the case of a rounded rroper•'L-'y corner from the intersection of the street Property lines extended. The same sight lin:_ limitations shall apply on a.n°•r lot within ten (10) f=eet from the intersection of a. street Property line with the edge of a driveway or al le••i' Pavement. No tree shall be Permitted to remain within such distances of such intersections. unless the foliage line is maintained at sufficient height to Prevent obstruction of such sight lines. 19. I�atLc_�;u�el�_a� �1_��wasa�T�iae�.a1 No individual domestic water supply system or individual 0 _sewage disposal system shall be Permitted on a.n••i, residential lost. Irrigation water supply shall b Permitted on any residential left subject tip approval of the Architectural Committee and all city, county, State or Federal regulations Pertaining to irrigation water supplies. 20. Yazd_1!a ±s Upon,completion of a• residential structure a. -Yard light shall be installed in a, location not more than seven (e ) feet from the inside sof the sidewalk, and adjacent to, the driveway of such Premises. Said ••,:a.rd light shall ha of a. standard sir•:: (/_-•) l=oot height, equipped with an electric eye for automatic on/off operation. The location and type of Yard light shall be shown on all plans for construction of each Particular structure and be subject to approval, as submitted, to the Architectural Control Committee. The ••ra.r•d light shall be electrically wired directly to the residences electrical breaker Panel and shall comply with the National Electrical Code. D. ARCHITECTURAL CONTROL COMMITTEE The Architectural Control Committee, hereinafter referred to as the Committee, shall consist of as many Persons, not less than two (2), as the Declarant ma.••r from time t time a.ppointa Declarant may remove any meCilbtir• of the Committee hr'oCCI 4'fiici_ at any tiCCIw and may appoint new or additional members at any time. Declarant shall keep on file at its Principal office a list of na6•r,•:eA and addresses of the members of they Committee. The Powers and duties of such Committee shall cease one Year after'3 or Prior, at Ds lar•ant''s sole discretion, after completion of construction of all dw•dl l inns and following the sal of said dwellinss to the initial owner/occupant on all of the building sites within Glann'field Manor and Properties subsequently annexed thereto. Except as otherwise Provided her`n, any one member of the Architectural Control Committee shall have the Power to act on behalf of the. Committee? without the necessity of a meeting and without the necessity of consulting the remaining CCILCCIbFrrs of t h t. Committee. Thea Committee CCI a''r render its decisions. only by written instrumento a) no building or structure, including fences, swimming Pools, animal runs and storase units shall be commenced erected, Placed or altered on any lot until the construction Plans and specifications as quality of workmanship and materials, harmony of external de isn with existing structures, and as to location with respect to topography and finish spade elevation have been submitted to and approved in writing by the Architectural Control Committee. b) no building or str'uctur'e, including fences and storage units shall be omm n ed, erected, Placed or altered on any lot, mater•ia11••r• altered or materially repaired which shall alter the surface colors or texture of any unit or - Portion thereof unless and until Plans, specifications and color scheme have been submitted to and approved in writing by the Architectural Control Committee. c) the requirement as to design and color shall aPpl.v. oonly to the exterior appearance of such impr•o_ivements, it not hoeing the intent of these restrictions to control interior repair or alteration, with the exception of alteration o f a garage or carport into living area. d) as to all impr•i_ovements, construction and alteration upon any lot or the Common Area, the Committee shall have the right to re'f'use to appr•o7ve any design, Plan or color for suo_h1 improvements, construction or alterations which, in its opinion, are not suitable or desirable for any reason, aesthetic or otherwise. In 4o_. Passing on such design, the Committee shall have the Privilege in the exercise of its discretion to take into consideration the suitability of the Pri_opoosed building or of the structure, the materials of which it is to be:, built, and the exterior color scheme in relation to the site upon which it is Proposed to be erected. The Committee may also consider whether the Pr•i_opo}sed structure and design shall be in harmony with the surroundings, the affect of the building or of the structure or alteration therein as Planned when viewed from adjacent or neighboring PrioPgrty, and any and all other facts which, in the CommittdW _ opinion, shall affect the desirability of such Proposed structure, improvement or alteration. Actual construction shall comply substantially ly withl the Plans and specifications approved. This exterior design and color scheme of Units and all landscaping of Common Area, especially with re=spect to Placement and 't''rPes of trees Planted in such area., shall be approved by the Committee only after consultation with and written approval of the Board of Directors of the Association, Provided the recommendation, suggestions or decisions made by that Board, or its withholding of approval, are not unreasonable. The. Board of Directors of the. Association shall appoint members to the Architectural Control Committee at each annual mee=ting of the. Board. If that Board does not act on this or any other Proposal requiring its approval within thirty ( 0) days following submission thereof, it shall be deemed d approve d. 4. Liability Neither the—Architectural Control Committee= nor any member thereof shall be liable to any owner, occupant, builder or developer for any damage, loss or Prejudice suffered or claimed on account of any action or fai l ur t1e act of the: Committee_ or a member thereof, Provided only that member has, in accordance with the actual . r u knowledge PossLsst:d by him, a+_te?of in Ao_++:od faith. waawaiueL Coonsc:nt L"o'•r the Architectural Control Committee to any matter ProPoevd to it and within its jurisdiction under these covenants shall not be deemed to constitute a Precedent or waiver impair•ins its rights to withhold approval as to any similar matter thereafter Proposed or submi't'ted to it for consent. E. GENERAL PROVISIONS 1. ULM These c onvenants are to run with the land and shall be bindins on all Parties and all Persons rlaimins under them for a Period of thirty (:=0) years from the date these covenants ar'e recorded unless at any time a then majority of the .owners by written amendment amend or cancel these covenants after which time said covenants and/or amendments there to shall be automatically extended nded f or successive Periods of ten ( 10) 'rears. 2. EraEwcat ank Any owner or the owner of any recorded mortgage upon any Part of said Property, shall have the right to enforce, t'o'•r a.n••r Proceedings at law or in equity, all restrictions, conditions, covenants, reservations? liens and charses now or hereafter imposed by the Provisions of this Declaration. f=ailure: by any owner to enforce any r covenant or restriction herein contained shall in no event be deemed 3. waiver of the right to do sig thereafter. 3. ss uatahili±y Invalidation of any one of these covenants by •juofat.i7i:=nt or court order shall in no way affect a.ny of the Other Provisions which shall remain in full force and effect. 4. The breach of any sof these covenants, conditions, Or restrictions shall not defeat or render invalid the lien of any mortgage or deed of trust made in so_oiod faith for value as to arl''i lot or lots or Portions of lots in such Premises, but these covenants, conditions, reservations, and restrictions shall be binding upon and effective against any such mortgagee or trustee for owner there oA whose title thereto or Whlo:sis title is dor Was acquired by foreclosure, trustee s sale, or otherwise. IN WITNESS WHEREOF? Declarant has hereunto set its hand this ------ day of ---------- 19— CHARLES L. WINDER, President DWIGHT V. BOARD, Vice President GLENN J. RHODES, Secretary Skinner & Assoc. 1002 Blaine Caldwell ID 83605 September 6, 1989 Re: GLENNFIELD MANOR 03 - PRELIMINARY PLAT ADA COUNTY, IDAHO On August 31, 1989, the Commissioners of the Ada County Highway District (hereafter called "District") approved the Preliminary Plat subject to the conditions as stated below: STANDARD CONDITIONS: 1. All dedicated streets to be constructed and designed to ACHD standards and specifications. 2. All specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to Ada County Highway District are to be sealed, signed and dated by a Registered Profession- al Engineer or Professional Land Surveyor, in accordance with Idaho Code 54-1215. 3. Obtain written approval from irrigation/drainage jurisdiction for storm runoff into irrigation/drainage system(s). 4. Relocate all obstructions outside of the proposed street improvements. Prior to relocation, obtain written permission from the applicable jurisdiction. 5. Provide for the continuation of all existing irrigation and drainage systems across parcel. 6. Submit 3 -sets of street construction plans for review and approval by the District. 7. Approval of development plans at preliminary or final stage is only for general conformance with District standard specifications and general compliance with minimum standard requirements. The developer, the engineer, and/or contractor, as their interests may appear, remain responsible, individually and collectively for designs, dimensions, quality and satisfactory performance of the development. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 Skinner & Assoc. September 6, 1989 Page 3 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission is requested within 15 -days prior to the expiration date. If you should have any questions, please contact me at 345-7662. H`F'RI CT Jon DI Thompson Devel Pment Services aC evelopment Services hron Meridian City Council, 33 E Idaho, Meridian ID 83642 DECLARATION OF PROTECTIVE CONVENANTS CONDITIONS AND RESTRICTIONS GLENNFIELD MANOR #3 DATED REC-ORbED-' INSTRUMENT NO: WHEREAS, L & R SALES, an Idaho Partnership, hereinafter referred to as "Declarant", is the owner- of certain real Property situated .in the City of Meridian, in the County of Ada, State of Idaho, known as Glennfield Manor Subdivision #3. WHEREAS, Gl*nnfield Manor #3 is a dul,., recorded Plati and,,, WHEREAS, the Declarant desires to declare of Public record certain Protective Covenants, Conditions and Restrictions upon the ownership of said Property: NOW THEREFORE, in consideration of the foregoing the Declarant does hereby declare that the following Protective Covenants* Conditions and Restrictions: I. Shall become and are hereby made a Part of all conveyances of all lots within the Plat of GLENNFIELD MANOR #3, recorded on the ---- day of ________7 1.2--, in Book -- of Plats at Pages ----------- of the records of Ada County, State of Idaho; and, 2. Shall by reference become a Part of any such conveyance and shall apply thereto as fully and with the same effect as if set forth at large therein. A. PROPERTY SUBJECT TO THESE COVENANTS 1. Ir,itial_LIr�Yal�emer�t Declarant hereby declares that all of the real Property described above is held and shall be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to these covenants. The above Property together with other real property from time to time annexed thereto and made subject to these covenants sh-01, constitute 13lennfield Manor #3. 2. Aaraaxaf Declarant may from time to time annex, to Glennfield Manor any adjacent real Property now or hereafter acquired by' it. The annexation of such additional Phases o.f' Glennfield Manor shall be accomplished as follows: (a) The Declarant shall record a declaration which shall be executed by Declarant, and shall among other things describe the real Property to be annexed, establish any additional or different limitations, restrictions, covenants and conditions which are intended to be applicable to such Property, and declare that such Property is held and shall be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to these covenants. (b) The Property included by any such annexation shall thereby become a Part of these covenants. (c) Not withstanding any Provision apparently to the contrary, a declaration with respect to any.annexed area may: I. Establish such new land classifications and such limitations, restrictions covenants and conditions with respect thereto as Declarant may deem to be appropriate for the development of the annexed Property! 2. With respect to existing land classifications, establish such additional or different limitatio.ris,. restrictions, covenants and conditions with respect thereto as Declarant may deem to be appropriate for,,thee development of such annexed Property. B. LAND CLASSIFICATIONS 1. Lot A lot shall be any plot or tract described in the above recorded Plat. All said lots shall be. used -for residential Purposes except for temporary sales offices for homebuilders or the Declarant. C. BUILDING RESTRICTIONS 1. Residential—Use No lot shall be improved except with a dwelling or residential structure designed to accommodate no more than a single family and structures normally accessory to such residences, excepting the right of any homebuilder and the Declarant to use any single family residence as a sales office or model home for Purpose of sales within Olennfield Manor. 2. Dwellins—Size The ground floor area of the main structure, exclusive of one—story open Porches and garages, shall not be less than 1300 Sq. ft for a one—story dwelling nor shall the main level be less than 800 sq. ft for more than one story. Each single family dwelling shall be provided with a Private garage of adequate size to shelter not less than two standard size automobiles. s :_:. Sat�iacl�_Eastci�tiut,s All dwellings constructed upon said property shall conform to the setback: restrictions as follows unless specifically waived in writing by the ,Architectural Control Committee. In no case can the Architectural Control Committee grant a variance to less than the setback as defined in the Meridian City Ordinances unless a variance is granted by the City through approved Procedure. No building shall be located on any lot nearer than twenty (20) feet to the front lot line; nearer than ten (10) Feet to the rear lot line, on corner lots the side Yard shall be minimum of twenty ( 0) feet on the side abutting the street. Side Yards shall meet Meridian Cit•, code. 4. Easements Easements for the installation and mainte .nance of utilities and surface drainage facilities are reserved as indicated in the recorded Plat. Within these easements, no structure or Planting or other material shall be Placed or Permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of surface drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a Public y authority or utility company is responsible. e. Iameccac�_Etcuct.ucas No structures of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as, a residence either temporarily or Permanently. 6. Iccisatiran In accordance with the Provisions of Idaho Code,. section 31-805, the Declarant assumes no responsibility for Providing water for irrigation Purposes ether than through the domestic system, and the Purchaser acknowledges the following: a) that irrigation water deliveries have not been Provided; b) that the Purchaser of the lot must remain subject to all assessments levied by the irrigation entity; c) that the Purchaser shall be responsible to Paw' such legal assessments, d) that the assessments are a lien on the lane within the irrigation entity. 7. Ear r -ea No fence, hedge or walls exceeding six (6) feet in height shall be erected or Placed or Permitted to remain on any lot. Fences shall be well constructed of chain lint. fencing materials. I r, no event shall side Yard fences ProJect beyond the front walls of any dwelling or garage that does not meet the City of Meridian code. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 9. Busiriasa-arid-Camme-acial No trade, craft, business., Profession, comm.ercial or similar activity of any kind shall be conducted on* any lot, nor shall any goods, equipment, vehicles, materials or supplies used in connection with any trade, service or business be kept or• stored on any lot., excepting' the right of any homebuilder and the Declarant to construct a residence on any lot, to store construction materials and equipment on said lots in the normal course of Said construction. 10. sians No sign of any kind shall be displayed to the Public view on any lot or improvement, except one Professional sign of no more than one Square foot advertising the Property for sale or rent. This does not apply to signs used by builder during the construction and sales Period. 11. EamUraz Parking of boats, trailers, motorcycles, trucks, truck - campers and like equipment shall not be allowed on any • Part of said Property nor on Public ways adjacent thereto excepting on1••r within the confines of a Privacy fence or storage structure, and no Portion of sande may Project LTJ 4. IN`s beyond the enclosed area. 12. Animals No animals, livestock or Poultry of any kind sha•1.1 be raised, heed or kept on any lot except that a total of two household Pets may be kept Provided they are not kept, bred or maintained for any commercial Purposes. and Provided they are kept on a leash when outside their owner's Property boundary lines. 13) Izash_and_Ruhttiab No Part of said property shall be used or maintained as a dumping ground for rubbish, trash, garbage or any other waste. No garbage, trash or other waste shall be kept or maintained on any Part of said Property except in appropriate sanitary containers for Proper disposal and out of Public view. All incinerators or other equipment for the storage or disposal of such materials shall be in a clean and sanitary condition. 14. Cs�nsttu�:ti,:an_Cr�r�elstican Construction of an•r• dwelling shall tie completed including exterior decoration within eight months from the date of the start of such construction. All lots shall, Prior to the construction of improvements, thereon, be kept in a neat and orderly condition and free of brush, vines, weeds, debris and the grass thereon cut or mowed at • sufficient intervals to prevent creation of a nuisance or fire hazard. s . 15. E xte-ilac_Einish The exterior of all construction on any lot shall be designed, built and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping within Galennfi.eld Manor #j. YFxpa: Exterior color must be approved by the Architectural Control Committee. Exterior trim, F=ences, doors- railings, decks, eaves, gutters and the exterior finish of garages and other accessor••r• buildings shall be designed, built and maintained to be compatible with the exterior of the structure they adjoin. 16. LandaaaeL_Cam2iatian Within thirty ( 0) days after occupancy of the dwelling unit, each lot shall have in front Yard rolled (sod) lawn, one (1) deciduous or conifer tree, at least two (2) inches in,diameter and ten (10) shrubs or bushes as rt approved by the Architectural Control Committee. All front Yard landscaping must be completed within ? ninety (90) days from the date of occupancy of the residence constructed thereon. In the event of undue h hardship due to weather conditions, this pr•oviaion may be extended for a r•-asonable length o* time upon written aPProVal by the rV:hite�=tUr3l G•ommittee. 17. 8nts�nnas_and_SLc�ciVL_Eacilities Exterior antennas or satellite dishes shall not be Permitted to be Placed upon the roof of any structure on any lot so as to be visible from the street in front of said tat. Clothes lines and other facilities shall' b screened so as not to tie viewed from the street. ^�.WO 4Is. t_Llistacxca_at_lutLcsc�ti�c►s No fence, wall hedge or shrub Planting which - Na--. s sight lines at elevations between two (i) and sips (6) feet above the roadways shall be Placed or Permitted to remain on any corner lot within the triangular• .area formed by the street Property lines and a line connectin.0 them at Points thirty (30) feet from the intersection of the street lines, or in the ease of a rounded Property corner from the intersection of the street Property lines extended. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street Property line with the edge of a driveway or alley Pavement. No tree shall be Permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to Prevent obstruction of such sight lines. 19. Nater-_Sue2l _and_Ss.wasr._Lissnsal No individual water supply system or individual sewage disposal system shall be Permitted on any residential lot. 20. Yatd_lishts Upon completion of a residential structure a Yard light shall be installed in a location not more than seven (7) feet from the inside of the sidewalk:, and adJacent to, the driveway of such Premises. Said Yard 1isht shall be of a standard six (6) foot height, equipped with an electric_ eye for automatic on/off operation. The locatiuri and type of Yard light shall be shown on all Plans.fur• constructioi, of each Particular structure and be subJect to approval, as submitted, to the Architectural Control Committee. D. ARCHITECTURAL CONTROL COMMITTEE 1. CJLmrsr�LsL- ie�._8���ir�tmer,t_ar�,�_6Lmr►�ea1 The Architectural Control Committee, hereinafter referred to as the Committee, shall consist of as marry Persons, not less than two (2), as the Lleclar•ant may from time to time appoint. Lleclarant may remove any member of the Committee from office at an, time and may appoint new or additional members at an, time. Declarant shall keep on file at its principal office a list of names Ind addresses of the members of the Committee. The Powers -and duties of such Committee shall cease one rmar aftery or Prior, at Declarant's sole discretion, after conmplmtion of construction of all office dwellings and following the sale of said dwellings to the initial owner/occupant on all of the building sites within Glennfield Ma/mr.eumd � Properties subsequently annexed thereto. ' 2. Ac±iuz ' Except as otherwise provided herein, any one member of the Architectural Control Committee shall have the power to act on behalf of the Committee, without the necessity of a meeting and without the necessity of consulting the remaining members of the Committee. The Committee may render its decisions only by written instrument. a) no building or structure, including fences, swimming Pools, animal runs and stnrase units shall be commenced, erected, placed or altered on any lot until the construction plans and specifications as quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect . to topography and finish srade elevation have been submitted to and approved in writing by the Architectural Control Committee. b) no building or structure, including fences and storage units shall be commenced, erected, Placed or altered on any Iot, material IY altered or material IY repaired which shall alter. the surface colors or texture of an•,•• unit or - Portion thereof unless and until Plans, specificat-ions and color scheme have been subutitted to and -approved-in writing by the architectural Control Committee. c) the requirement as to design and color shall aPPI'r• only to the exterior appearance of such improvements, it not being the intent of these restrictions t -o co'ntrul interior repair or alteration, with the excePtio'n of alteration of a garage or carport into living area. d) as to all improvements, construction and alteration upon any lot or the Common Rr•ea, the Committee shall have the right to refuse to approve any design, Plan or color for Such improvements, construction or alterations which, in its opinion, are not suitable Lir desir•aFrle for any reason, aesthetic or otherwise. In so Passing on such design, the Committee shall have the Privilege in the exercise of its discretion to take into consideration the suitability of the Proposed building or of the structure, the materials of which it is to be guilt, and the exterior color scheme in relation to the site upon which it is Proposed to be erected. The Committee may also consider whether the Proposed structure and design shall be in har•man•r• with the surroundings, the effect of the building or of the structure or alteration therein as ~ Planned when viewed adjacent or neighboring propertr, and an, and all other facts which" in the Committee's opiniVn, shall affect the desirabilit1r of such+ Proposed structure, improvement or alteration. ` Actual construction shall comply substantially with. the Plans and specifications approved. The exterior desiq-| and color scheme of Unita and all landscaping of Common Area, especially with respect to placement and types of trees Planted in such area, shall be approved by^t�w ` Committee only after consultation with and.. wr-itte.n approval of the Board of Directors of the Associat-ion" Provided the recommendation, suggestions or dmcisioms made by that Board, or its withholding of approval, are not unreasonable. The Board of Directors of the Association shall appoint members to the Architectural Control Committee at each annual meeting of the Board. If that Board does not act on this or any other Proposal requiring its approval within thirty (30) days following submission thereof, it shall be deemed approved. 4. Liabj'lj'j:y Neither the Architectural Control Committee nor any member- thereof shall be liable to an, owner, occupant, builder or developer for any damame, loss or Prejudice suffered or claimed on account of an, action or failure to act of the Committee or a member thereof, provided only that member has, in accordance with the actual knowledge possessed b, him* acted in good faith. 0 ��. Nnnwai�:ec Consent by the Architectural Control Committee to any matter Proposed to it and within its Jurisdiction ender these cove"ants shall out be deemed to constitute a Precedent or waiver imPair•ins its r•ishts to withhold approval as to any similar matter thereafter Proposed or submitted to it for consent. E. GENERAL PROVISIONS 1 =acm These convenants are to run with the land 4nd.. shat l le bindins on all Parties and all Persons claimins under them for a Period of thirty (=0) Years from the date ✓.Jc s A-r/"d A 'yhaJ MAS'W" these covenants are recorded,/ after which time said N p�Z "Ytt� OrJeu�4.s By warn. �i�M-L—f fH/ e� CAdG�yi ft?2FC�^ CVVV_4A 43 covenantsysha.11 be automatically extended for successive AQ oa 7"WW so Periods of ten (10) •years.u.1ess-- - 3enctrJ��.,..ent— by a _ , n t \ r erat: r . 2. Enfnccement Any owner or the owner of any recorded mortease upon any Part of said Property, shall have the right to enforce, by any Pr•oceedines at law or in equit'y', all restrictions, conditions, covenants, reservations, liens and charses now or hereafter imposed by the Provisions of this Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a. waiver of the risht to do so � 0 thereafter. ' Invalidation of an, one of these covenants by jodeem*nt � ' or court order shall in no way affect any of the other Provisions which shall remain in full force and effect" 4. �a�b . ^ _______—____ The breach of an, of these covenants. conditions* or ' restrictions shall not defeat or render inwalid.t#e..Iiem of,�un' mortsase or deed of trust made in good faith. for ^ ^ value as to any lot or lots or portions of lots in'su�h `L � , Premises, but these covenants, conditions, rpsyryatimnyy and restrictions shall be bindinm upon and effective asainst an, such mortsasee or trustee or owner thereof, whose title thereto or whose title is or was acquired by ` foreclosure, trustee's sale, or otherwise. IN WITNESS WHEREOF. Declarant has hereunto set its hand this ------ da, of ---------- 19__. W'10- MERIDIAN 0.MERIDIAN CITY COUNCIL MAY 2, 1989 PAGE #3 District Court, pursuant to Idaho Code. Even though they appeal their water will be shut off: The Motion was made by Myers and seconded by Tolsma to approve the turn off list with exception of Linda Owsley: Motion Carried: All Yea: Mayor Kingsford: The amount of delinquencies this month is $7,782.80: Item #3: Approve the Bills: The Motion was made by Tolsma and seconded by Myers to approve the payment of the bills: Motion Carried: All Yea: Mayor Kingsford: Item #4 on the agenda is not ready for this meeting. Crookston: Upon review of the Parking Ordinance, the example we were looking at was from Boise City and there was some changes that needed to be made, we are also considering some changes in the Abandon Vehicles which deals with the parking areas of the City. We would anticipate that it would be ready by the next City Council meeting. Mayor Kingsford: Item #5 : Preliminary Plat on Glenfield Manor; Gary Lasher would you please come forward and speak to that issue please? Lasher: This is a request to honor the preliminary plat of Glennfield Manor, the Glenn Nyborg propertylis off Cherry Lane and Linder Road. I am requesting this so that Chateau and the other road locations would be in alignment with the roads in Sunnybrook Subdivision. Also, the main sewer along with the manholes is installed on Sandalwood. Dr., with the sewer stub outs installed according to the preliminary plat, if the plat was changed it would mean going back in there and taking the stub outs on the main line and digging them out and redoing them. The subdivision would be developed in approximately 30 to 40 lots at one time. The square footage of the houses we would be putting in there would be 1300 square foot or more. If you have any questions, I'd be glad to answer them. Tolsma: Where is the first 30 houses? Lasher: It would be on Sandalwood Drive where the sewer is now. Tolsma: Does that include Jeffery Court? Lasher: Yes it would. Giesler: If we make those necessary changes will that affect the lot sizes enough that it puts them in an R-4 zone? Mayor Kingsford: We have checked on that and it would still be real close to a four units per acre, the culdsec changes those lots are larger, the smallest lots are those you see in the 70 by 100 foot size. I think I heard you correctly 1300 square foot min=uet, you would not be asking for the City's current allowance of the different square footage sizes. Iasher: No, they would all be 1300 square foot or larger: MERIDIAN CITY COUNCIL MAY 2, 1989 PAGE # 4 City Clerk: Have you contacted ACHD as yet? Lasher: No, I have not, that will be the next thing: Crookston: Is this a request for approval of the preliminary plat, the preliminary plat has been approved hasn't it? Mayor Kingsford: This is a plat that has long gone by the time frame of approval, it is a re -endorsement of the preliminary plat which really does not meet our minimum lot size on'same of the lots today, so they are asking for reacclamation of this preliminary plat. Again this is largely due to the fact the sewer is already in the one street and that it would constitute a realignment of the street to change the lot size, we have been very anxious to get these streets connected to Sunnybrook Fawns Subdivision because of the only one access into that subdivision. City Attorney: Procedurely I think he would be required to have a Variance from the Ordinance: Mayor Kingsford: I question that since we have already approved this prior, I think we could extend that approval, I think we can grant a continuation of an already approved preliminary plat. City Attorney: You mean as if they were requesting an extension, has that had periodically been requested? City Clerk: I do not think there was any time limit under the old Ordinance was there? City Attorney: I can not recall: The Motion was made,by Tolsma and seconded by Myers to approve an extension of the Preliminary Plat of Glennfield Manor as orginally submitted and revised in 1979: Motion Carried: All Yea: "Department Reports: City Engineer: Saturday May 6 which is this Saturday is kickoff day for Governor Andrus clean up the State of Idaho campaign and we have some groups that will be meeting here at City Hall at 9:00 a.m., Sanitary Service is providing dumpsters, we have garbage sacks, it will be a couple hours or so and you are all invited, the Water Department is in the process of flushing the lines and the sewer and water lines are oopleted in the Central Valley Corporate Park: City Attorney: One thing, more of an Economic Development Corporation but it involves the City, the bond closing for the Camputrol Bonds is scheduled for May 4, at 9:00 A.M.: Myers: At the last Council meeting you mentioned that if there were going to be any changes in the salary of the Council and the Mayor it had to be proposed shortly because of the election caning up and has to be in effect 120 days prior to the election, I would like to make a proposal, the salaries that we do have and the time we put in most of the fellows would agree, it is not one of those things we would do to retire with and it is a rewarding job to do for the public more than anything else but it would be my suggestion that we at this point increase the salary of the Councilman and the Mayor by $100.00 per month which would take effect January 1, 1990.