HomeMy WebLinkAboutChateau Meadows #2 CovenantsMERIDIAN CITY COUNCIL
AUGUST 7, 1990
Page #5
ITEM# 8: Covenants on Chateau Meadows #2:
Mayor Kingsford: Any discussion on these?
City Engineer: On Item #10, they state that fences cannot be built
up against the right-a-way with the exception of r~rth Locust Grove
Road & Chateau Avenue, this phase does not abutt r. Locust Grove Road.
Item #13 A & B, applies to a sanitary sewer easement which was only.
involved in Chateau Meadows #1: Item #15, they nee:. to add the same
sentence to that yard light section, that we have requested to be
added to the previous subdivisions: Also they need to add that the lights
will be hooked directly to the power supply:
City Attorney: There is a statement in there about lot owners on several
lots have the duty to maintain and construct and reaair a irrigation line
next to them and I think it needs to be added that they make sure they
have the duty to make sure they deliver water to t::e downstream users.
The Motion was made by Myers and seconded by Tolsr.:~ to approve the
Covenants of Chateau Meadows#2 with the additions that the City Attorney
and City Engineer have brought up:
Motion Carried: All Yea:
Item #9: Pre-Termination Hearing Water/Sewer/Trasr Delinquencies:
Mayor Kingsford: You have been informed in writinc,it you choose to, you
have the right to a pre-termination hearing before the Mayor & Council
to appear in person to be judged on facts and defe-d the claim made by
the City that your water/sewer and trash bill is delinquent. You may
retain Counsel.. Is-there anyone in the audience wh_ wishes a pre-termin-
ation hearing?
Wilma Blair, 1230 W. 2nd. Account # 03584, I woulc Like to have until
the first of the month to catch this up:
Mayor Kingsford: I see no problem, we have worked with you before:
Is there anyone else from the public? There was nc response: Due to
their failure to pay their water bill or to preser.= any valid reason
why the bill has not been paid, their water will b~ turned off on
August 15, 1990. In order to have their water tur::e3 back on there
will be an additional fee of $10.00: They are heresy informed that they
may appeal or have the decision of the City reviewed by the Fourth
Judicial District Court, pursuant to Idaho Code. E': en though they
appeal the water will be shut off: The amount of t=:e delinquencies
this month is $6,803.20:
The Motion was made by Myers and seconded by Yerri::gton to approve the
turn-off list with the exception of Wilma Blair:
Motion Carried: All Yea:
Item #10: Approve the Bills:
The Motion was made by Tolsma and seconded by Giesler to approve the bills:
Motion Carried: All Yea:
CI}ATEAU MEADOWS EAST N0. 2A SUBDIVISION
RESTRICTIVE COVENANTS
Thc: undersigned, being the owners of the property
h~,:reinafter described, do hereby adopt the following protective
r..ovenants in their entirety to apply to real. property to be
subdivided and contained in a subdivision to be known as CHATEAU
MEADOWS EAST N0. 2A Subdivision, a portion of the SW 1/4, of
Sect ian 5, Township 3 North, Range 1 East, BoisF: Meridian, Ada
C'±;utit y, Ida}i~; .
Th+_: Rc,y t r l ct i ve Covenant s f or Chat eau Meadows Eas t No . 2A.
Subdivision are the same in their entirety as those Restrictive
Covenants adopted in that Phase of Chateau Meadows Fast
Subdivision known as Chateau Meadows East No.i Subdivision with
the exc~.ption of Section 24 and as such are included therein as
set forth below.
mile ~itfd ~'lixt~eau. Meadows East Subdivision is divided into
:jingle fytr-11y re~identLal lots in compliance with the local a.ncl
ytatc; rc:~'ulatlr,tis and laws.
The following covenants shall run with the land and be in
force and effect as outlined below unless or until terrninated by
agreement of the owners of seventy-five percent (75~) of the land
in the subdivision and after all lots therein have been sold b,y
Ir,terwest Development Corp., hereinafter called "Developer".
Modification or termination of these covenants can only be made
with the consent of the Developer while any lots in this
subdivision remain in the ownership of the Developer, and are as
follows:
(1) No building, fence, wall, structure, improvement or
obstruction shall be placed or permitted to remain upon any part
of Bald property unless a written request for approval thereof
containing the plans and specifications therefore, including
exterior color scheme, has been approved in writing by the
Architectural Committee. The approval of the Committee shall not
be unreasonably withheld if the said plans and specifications are
for improvements which are similar in general design and quality,
and generally in harmony with the dwellings then located on said
property.
(2) Variances in building set-back requirements shown on
Mat may be given by the Architectural cornmittee upon proper
showings and so long as the Meridian City ordinances on set-backs
are met.
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(3) The ground floor area of the one-story douse in this
subdivision shall not be less that 1300 square feet on the -round
floor excluding covered porch areas, breezeways, garages or
patios. Two-story and tri-level homes shall have not less than
1400 square feet, exclusive of_ the covered porches, entrances,
garages or patios. One-level homes with basements shall have a
minimum of 2400 square feet with the ground level having a
rninirnum of 1200 square feet, also excluding covered porch areas,
breezeways, garages or patios.
(4) The value of each constructed residence shall equal or
exceed X68,000 based on December 1989 values.
(`) The design of each house in this subdivision shall
endeavor to include aesthetic qualities such as brick, redwood,
cedar, or stone facings on the front exposure. Hay windows, roofs
of at least 4 in 12 pitch, broken roof lines, gables, hip roofs,
etc. Exterior colors of earth tones or grays shall be
encouraged. Bright or bold colors, or very dark colors shall be
discouraged.
(6) No gravel roofs, split entry homes, or moving of pre-
built homes into subdivision.
(7) All lots shall be provided with a driveway containing a
minimum square footage such that two off-street automobile
parking spaces are provided within the boundaries of each lot.
(8) All suct7 parking area requirements shall be exclusive
of a required attached and enclosed two car garage area which
will hold no less than two cars and no more than three.
(9) For the purpose of the covenants, eaves, steps, anal
open porches shall not be considered as part of a building,
provided, however, that this shall not be construed to permit an,y
portion of a building on a lot to encroach upon another lot. No
building shall be in excess of two stories above natrrr•al ground
level.
(10) Fences shall riot extend closer to any street than
twenty feet (20), with the exception of those lots backing to
North Locust Grove or Chateau Lane, nor higher than six (6) feet
without express approval of the Architectural Committer. and the
~1c~ridian City Council, and shall be of good quality and
workmanship and shall be properly finished and maintained. The
location of fences, hedges, high plantings, obstructions or
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barriers shall be so situated as not to unreasonably interfere
with the en,loyment and use of neighboring properties and streets
and shall not be allowed to constitute an undesirable or noxious
or nuisance use. The determination of the Architectural
Committee shall be binding on all parties as to whether an
undesirable, noxious or nuisance use exists.
(11) No Duplex or multi-family building shall be located
within the boundaries of this subdivision.
(12) Canstructian of any residences on the subdivision
shall be diligently pursued after commencement thereof, to be
completed within eight (8) months.
(13) The sanitary sewer line easement shown on the plat
common to the easterly line of Lot 6 and the westerly line of Lot
5, Block 1, that exists with the following conditions:
(a) The easement granted is for the purpose of operation of
a sanitary sewer line and allied facilities, together with their
maintenance, repair and replacement at the convenience of the
city, with the free right of access to such facilities a any and
all times.
(b) The Lot owner(s) of record will not place or allow to be
placed any permanent structures, trees or large shrubs on the
area shown for this easement which would interfere with the use
of the easement for the purpose stated herein.
(14) Landscaping of front yard is to be within 30 days of
substantial completion of home, or within 30 days of occupancy,
to include but not be limited to sod in front yard, one flowering
tree of at lease 1 1/2" caliper, three (3) five gallon plants and
five (1) one gallon shrubs. In the event of undue hardship due
to weather conditions, this provision may be extended for a
reasonable length of time upon written approval of the
Architectural Committee. Grass will be planted in the back yard
within one year of occupancy.
(15) Each home is to have a Photo-Sensitive yard or house
light installed such that the front yard area between the house
and the front property line is illuminated. The light is to be
designed to automatically switch on at sunset and off at sunrise
with a minimum bulb power of 60 watts. The light shall be
directly connected to the residential structure's electrical
power supply line. In the event that property owners require
additional street lighting, it is the responsibility of said
property owners to design, finance, and construct all street
lights.
(16) No building shall be moved onto the premises.
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(17) No shack, tent, trailer house, or basement only, shall
be used within the subdivision for living quarters, permanent or
temporary.
(18) Nothing of an offensive, dangerous, odorous, or noisy
hind shall be conducted or carried on nor shall anythinK be done
or permitted in said subdivision whlc:h may be or become an
annoyance or nuisance to the ether property owners in said
subdivision. Weeds shall be kept cut to less than four (4)
inches.
(13) Keeping or raising of farm animals or poultry shall be
prohibited. All dogs and cats or household pets kept on these
premises shall be properly fed and cared for and shall ire
adequately fenced so as not to annoy or trespass upon the use of
the property of others.
Any other requests by lot purchasers must be approved by the
Architectural Committee. Dogs shall not be allowed to run, at
large.
(20) No business shall be conducted on the above property
unless legally permitted under the existing and prevailing zone
restrictions. If permitted, no business or commercial use shall
be allowed that cannot be conducted within the residence of the
owner. No signs shall be installed to advertise said business.
No oil exploration or development of an,y nature or kind or rnining
exploration, development or structure shall be permitted upon the
lets in this subdivision.
(21) Only one (i) outbuilding per lot will be allowed. All
outbuildings shall be constructed of good quality building
material, completely finished and painted an the outside and
shall be of good quality and character that will be in harmony
with the other buildings on said property and must be approved by
the Architectural Committee.
(?`) No building or structure, shall be placed on said
property so as to obstruct the windows or light of any adJoining
property owner in said subdivision.
(23) Additional easements: In addition tai th~~ easements
shown on the recorded plat, an easement is further reservicel five
(5) feet vn each side of all other lot lines for installation and
maintenance of utilities, irrigation and drainage.
(a) Within these easements no structure, planting or other
rrraterlal shall be placed or permitted to remain which may damage
yr interfere with the Installation and maintenance of the
utilities, or which may change the direction of flow of water
through drainage channels in the easements.
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(b) 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 fur which a public authority or
utility is responsible.
(24) This subdivision is within the Narnpa--Merldian
Irrigation District and subJect to any and all assessments of
said district. It shall be the sole responsibillt.,y of those lot
owners respectively of lots 24, 25, 26, 27, 28, and 29 of B1oclc 1
to maintain and deliver water through the cc-ncretc irrigation
ditch on tiie Eastern boundary of said lots . Arr,y construct ion
and expense of said system is the ot;ligation of the
aforementioned lot owners, as their option, and not the developer
or the Chateau Meadows lIome Owners Associatii~n.
(25) All bathroom, sink and toilet facilities shall be
lor..ated inside the dwelling house ar other suitable appurtenant
building, and shall be connected b,y underground pipe to wet ling
sewer connection lines.
(26) No sign of any kind shall be displayed to public view
on any building or building site on said property except a
professional sign of not more than five (5) square feet.
advertising the property for sale or rent, or signs used by the
developer to advertise the property during construction and sales
period. If a property is sold or rented, an,y sign relating
thereto shall be removed immediately, except that the Declarant
or its agent may post a "sold" sign for a reasonable period
following the sale.
(27) No lot or building site lr-cluded within this
sot;division shall be used or maintained as a dumping ground for
waste. material. Incinerators are not permlti;ed. Receptacles for
storage of trash, garbage, etc., shall be maintained In a
sanitary and clean condition.
(28) Parking of recreational vehicles, boats, trailers,
motorcycles, trucks, truck-campers and like equipment, or Junk
cars or other unsightly vehicles, shall not be allowed on an,y
part of said property nor on public ways adJacent thereto
excepting only within the confines of an enclosed garage, or
other approved enclosure, and no portion of same ma,y protect
17eyond the enclosed area. Parking of automobiles or other
vehicles on any part of the property or on public ways adJacent
thereto shall be prohibited except within garages, carports, or
other approved areas. The Architectural Committee shall be the
sole and exclusive ,fudges of approved areas. Their decision is
final and binding.
(29) No machinery, building equipment or material. shall b«~
stored upon site until the Grantee is ready and able to comrnencr~
the construction with respect to such bulldin materials which
then shall be placed within the property line of suet, buildinh
site upon which the structure is to be erected.
(30) Installation of radio and/or television antennae or
satellite dishes is prohibited outside any building without
written consent from the Architectural Committee, which would
require them to be screened from street view.
(31) These covenants shall run with the land and sha.il be
binding on all persons owning under then for a period of thirty
(30) years from the date of this recording thereof, after which
time such covenants shall be automatically extended for
successive periods of ten (10) ,years, unless at any time after
the initial recording of this instrument, an instrument signed by
the owners of 7546 of the land of this subdivision has been
recorded agreeing to change or terminate said covenants in whole
or part and after all lots therein have been sold by the
Developer. Modification or termination of these covenants can
only be made with' the consent of the Developer so long as ~.,n,y
lots in this subdivision remain in Developer's ownership.
(32) Enforcement against an,y person or persons violating or
att~mpting to vlo'late an,y covenant herein after ten (10) days
notice thereof In writing served on the. offending ~art,y, shall bc:
had by any property owners within said subdivision either at law
or equity. In the event of ,judgement against any person for such
the Court ma,y award inJunction against any person for such
violation, require such compliance as the Court deems necessary,
award such damages, reasonable counsel fees and Court costs as
may be suffered or incurred, and such other or further relief as
may be deemed gust and equitable.
(33) Any Owner, or the owner of any recorded mortgage upon
any part of said property, shall have the right to enforce, b,y
proceeding at law or in equity, all restrictions, conditions,
covenants, reservations, liens, and charges now hereafter imposed
by the provisions of the Declaration. Failure b,y any owner to
enforce any covenant or restriction herein contained shall in-no
event be deemed as a waiver of the right to do so thereafter.
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(3~1) A committee of three persons shall act as an
architectural design committee and shall, prior tci an,y new
construction in said subdivision, be furnished with one set. of
detailed plans and specifications of an,y proposed building to be
located in said subdivision and shall be allowed ten (10) days to
review said plans, drawings, and specifications. If said
committee shall approve of the proposed building, or modification
or alteration thereof, they shall so indicate by th~~ dating anc!
signing of the set of plans by a member of thu c:ornmii:tee, and
their approval s}call be construed as full compliance with the
provisions of Faragraph One (1) of the original covenants. Said
committee shall have sole discretion to determine what shall br
substantial compliance without prior consent of said committee.
The committee shall consist of the following:
A Leon Blaser 3875 Twilight Dr. Fosse, Id 83703
Bruce Blaser 4378 Kitsap Dr. Boise, Id 83703
Teresa A. Blaser 3785 Twilight Dr. Boise, Id 83703
After the developer teas sold all the lots in this
subdivision, the Architectural Review Committee shall be turned
over to the residents of the subdivision and not before.
Amending these covenants shall not affect this provision.
A maJority of said committee is empowered to act for the
cornrnit.tei;. In the event any member of the committee is unable to
act or fails or desires not to act, the rcrnaining committer
members shall appoint an owner of a lot in said subdivision to
serve on said committee, all of whom serve without compensation.
(35) Damage to Improvements: It shall be the
responsibility of the builder of any residence in this
subdivision to leave street, curbs, sidewalks, fencr,s, and tiled
irrigation lines if any, and utility facilities free of damage
and in good and sound condition at the conclusion of the
construction period. Fine grading on each individual Iot shall
be required to conform to the master drainage; plan of. the
subdivision. It shall be conclusively presumed that all such
improvements are in good, sound condition at ihc: ilme building is
begun on each lot unless the contrary is shown in writing at thu
date of conveyance or by date of possession, whichever date shall
first occur, which notice addressed to a member of the
Architectural Committee.
(36) Invalidation of one of these covenants shall In rru way
affect any of the other provisions which shall remain in full
force and effect.
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HOME OWNERS A,SSOCI~i,TIQ,rJ
(37) Membership: Every person or entity who is a record
owner (including contract sellers) of a fee or undivided fee,
interest in any lot located within said property shall by virtue
of such ownership, be a member of the Association. When more
than one person holds such interest in any occupied lot, all such
persons shall be members. The foregoing is not intended to
include persons or entities who hold an interest merely as
security for the performance of an obligation. Membership shall
be appurtenant to and may not be separated from ownership of any
such lot subJect to assessment by the Association.
Such ownership of any such lot shall be the sole
yualificatiorS for becoming a member, and shall automatically
commence upon a person becoming such owner, and shall
automatically terminate and lapse when such ownership In said
i~roperty shall terminate or be transferred. Tbe. Association
shall maintain a member list and may require written proof of an,y
member's lot ownership interest.
Holders of non-possessory security interests shall not be
entitled to vote that interest. Interest izcrld by an
administrator, personal representative, guardian, const.rvatar, or
trustee in bankruptcy ma,y be voted by him, either in person ~~-• by
proxy, without a transfer of interest into hts name.
Each member shall in addition to these Restrictive Covenants
shall also be bound by the Restrictive Covenants, Articles of
Incorporation, and By-Laws of Chateau Meadows East Horne Uwner's
Association, Inc. which association is incorporated as a non-
profit corporation in the State of Idaho.
As additional phases of Chateau Meadows Subdivision are
farmed and brought to completion, the new phase will
automatically be .integrated into tare Association, with all
restrictions and privileges applied.
The financial reports, books and records of the Association may
be examined, at reasonable times, by any member or mortgagee.
(38) Voting Rights: All owners defined in these Articles
shall be members entitled to vote. Each owner shall be entitled
to one vote for each Lot or several Lots. Any owners which have
fractional interest may divide their interest. as their actual
ownership Interest appears, or multiple owners of one Lot may
designate one representative to cast the entire one whole vote
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for that Lot. In no event shall mere than one vote be. cast with
respect to any lot. Voting by proxy shall be permitted;
provided, proxies shall nut be valid fvr a period in exct~ss of
eleven (ii) months from their date of execution, except the
Froxies to the Incorporators of Chateau Meadows East Itomc Owner's
Association, Inc. whose proxy shall not terminate until. sevent,y-
flve percent (75~) of the Lots arc sold by Interwest Development
Corporation or five (5) years passes from the data of
incorporation which ever comes first. The Froxy of any member
shall automatically terminate if the granter of the proxy ceases
to be a owner of a unit.
During the period in which Inter west Development Corporation
still owns mere than twenty-five percent (25~) of the Lots, all
members designate the Incorporators to these Artlc:les as their
irrevocable proxy holder. Each owner by purchasing a Lot
designates the Incorporators as their proxy holder to vote at all
meetings and agrees as a condition of ownership to si;n written
pr^vxies upon demand by the Incorporators.
(39) Officers and
shall be managed by a
need not be owners~of
pursuant to the By-
person or by proxy. A
Directors. The Board,
the Association.
Directors: The affairs of the Association
Board of at least three (3) Directors, who
the Association, at meetings duly held
Laws and at which a quorum is present in
quorum shall consist of a majority of the
by majority vote, may remove an officer of
At the first regular meeting the owners shall elect one
director for a term of one year, one director for a term of two
years and one director for a term of three years; and at each
annual meeting thereafter the owners shall elect one director for
a term of three years. Vacancies during the terms shall be
filled by appointment by the remaining directors.
The officers of the Association shall be two, President. and
Secretary-Treasurer, elected by the owners. Each lot or dwelling
may have no more than one officer elected from its owners.
(40) The Association shall operate, control and maintain an,y
common areas. For the purpose of these covenants and until such
time as the City of Meridian or ACRD shall accept for
maintenance, Lot 8, B1 ock 1 and Lot 1, Bl oclc 3 arc de.; i gna t ed
common area to be maintained by the Association.
The Association shall have the right to dedicate or tr~4nsfcr•
all or any part of the common areas to any public entity,
authority, or utility fvr such purposes. and Cu.bject to such
conditions as may be agreed to by the members. No such condition
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to transfer shall be effective unless authorized by members
entitled to cast two-thirds (2/3) of the ma,~ority of the votes at
a special or .general member's meeting and an instrument signed b,y
the Chairman and Secretary has been recorded in the appropriate
county deed records, agreeing to such dedication or transfer, and
unless written notice of proposed action is sent to every member
nut less than fifteen days (15) nor more than this°t ,y (30) days
prior t.o such dedication or transfer; and the Association rchall
have the right to suspend an,y voting rights for any period during
which any assessment against said member's property remains
unpaid; and for a period not exceeding thirty (30) days for each
infraction of its published rules and regulations.
(41) Each owner of any Lot by ratification of these
covenants or by acceptance of a deed or contract i,f purchase
therefore, whether or not it shall be so expressed in any such
deed or other conveyance or agreement for conveyance, is deeded
to covenant and agree to pa,y to the Association (i) regular
annual or other regular periodic assessments or charges ni,t to
exceed X18 per year, (2) special assessments for cahital
improvements, such assessments to be fixed, established, and
collected from time to time as hereinafter provided. Th~~ regular
and special assessments, together with such interest thereon and
cost of collection thereof, as hereinafter provided shall be a
charge on the land and shall be a continuing lien upon the
property against which such assessment is made. Each such
assessment, together with such interest, costs and reasonable
attorney's fees, shall also be the personal obligation of the
person who was the owner of such property at the time such
assessment was levied. The obligation shall remain a lien on the
property until paid of foreclosed, but shall not be a personal
obligation of successors in title unless f~xpressly assumed.
The assessments levied by the Association shall not l.,c used
fur any purpose other than the improvement anti maintenance of the
Common Area. Sub,~ect to the above provision, the Associat:lon
Directors shall determine the use of assessment proceeds.
Irr addition to the regular assessments aut.hor.ized above, the
Association may levy in an,y assessment ,year, a special assessment
applicable to that year only, for the purpose of defraying, in
whole or in part, the cost of any construction or reconstruction,
unexpected repair or replacement of a capital improvement,
provided the assent of a two-thirds (2/3) maJority of the
complete votes represented by those members who are .voting in
person or by proxy at the meeting duly called for this purpose is
obtained, written notice of which shall be rent to a?1 mcml~ers
nut less than fifteen (15) days nor more than thirty (~0) days in
advance of the meeting setting forth the i~uri>r,scs of thi; meeting•.
it
Both regular assessments and any special assessments must be
fixed at a uniform rate for all occupied lots and may be
collected on an annual, .quarterly, or monthly bass in the
discretion of the Directors.
(A2) A quorum to conduct business shall be constituted by
the presence of owners of at least twenty percent (20~) of the
total members who are present or represented by proxy. .There
shall be no quorum unless all units are represented b,y at least a
one-half interest owner. If, however, a quorum shall not be
present or represented at any meeting, the members entitled t~~
vote there at shall have power to adJourn the meeting, until a
quorum as aforesaid shall be present or represented.
(43) All lots shall be subJect to the annual or rnontlrly
assessment provided for herein on the first day of the month
following the action of the Board. The Board of Directors shall
fix the amount of the regular assessment at Least thirty (30)
days in advance of each assessment ,period. Written notice of t. he
assessment dates shall be established by the Board of Directors.
The Association shall, upon demand at an,y reasonable time,
furnish a certificate in writing signed by an officer of the
Association setting forth whether' the assessments on a particular
lot have been paid. A reasonable charge may be made by the Board
far the issuance of these certificates. Such certificates shall
be conclusive evidence of payment of any assessment therein
stated to have been .paid.
(44) Any assessments which are not paid when due ::hall be
delinquent. If the assessment is not paid within thirty (30)
days after the due date, the assessment shall bear interest from
the date of delinquency at the rate of eighteen percent (18~) per
annum. The Secretary of the said Association shall file in the
office of the County. Recorder, Ada County, Idaho, a Lien
reflecting the amount of any such charges or assessments,
together with interest, as aforesaid, which have become
delinquent with respect to any Lot on said property, and upon
payment in full thereof, shall execute and file a proper release
of the lien releasing the same. The aggregate amount of such
assessments, together with interest, costs and expenses and a
reasonable attorney's fee for the filing and enforcement there?of,
shall constitute a lien on the wholo lot (including an,y
improvement. located thereon), with respect. t o wliic.lr i t is f i led
fr~~m the date the lien is filed in the office of the said County
Re c:i~rder far Ada County, Idaho, until the same has been paid or
released as herein provided. Such lien may be enforced by said
Association in the manner provided by law with respect iu liens
upon real property. The owner of. said prop~~~rt,y at th~~ timca said
assessment is levied shall be personally liable for the expenses,
costs and disbursements, including attorney's f~,cs of the
Declarant or of the Association, as thu case may be, of
processing and if necessary, enforcing such liens, all of which
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expense, costs .and disbursements and attorney's fees shall be
:>ecured by said lien, including all aforementioned expenses,
costs, disbursements and fees on appeal, and such owner at the
time such assessment is levied shall also bi: liable for any
deficiency remaining unpaid after any foreclosure sale. No owner
may waive or otherwise escape liability for the assessments
provided for herein by non-use of Common Areas of abandonment of
his lot.
(45) The sale or transfer of any lot or any other part of
said property shall not affect the assessment lien. No sale or
transfer shall relieve such lot from liability for any
assessments thereafter becoming due or from thc~ liming thereof.
(46) The following property subJect to this Dcclarat.icon
shall be exempt from the assessments created herein:
(a) all properties expressly dedicated to and accepted by a
local public authority;
(b) any other properties owned by the Association.
(47) The Association shall. prepare an annual. budget which
shall indicate anticipated management, operating, maintenance,
repair and other common expenses for the Association's next
fiscal year and which shall be sufficir'nt to pay all estimated
expenses and outlays of the Association fur the. next calendar
year growing out of or in r.onnection with the maintenance and
operation of common areas and improvements anct ma,y include, amon~~
other things, the cost of maintenance, management, special
assessments, fire, casualty and public Tiabilit,y insurance,
common lighting, landscaping, and care of grounds, repairs,
renovations, and paintings to common areas, snow removal, wages,
water cliarges, legal and accounting fees, n,anagcmcnt, fei;s
expenses and liabilities incurred b,y the Association form a
previous period, and the creation of any reasonable c~ont.in;;cnc;y
ur other reserve fund, as well as all costs and expense::, rcl.atin;;
to the common area and improvements,
(4S) The Association shall be responsible fur the repairs,
ui>I:eep and maintenance, normal servicing, gardening, r-ule~s and
regulations for use, care, and safety, annual planting of flowers
(if any), payment of bills and related cxprnses for any Common
Areas.
The Directors shall become ti7e Architectural Comrnittee as
provided in Paragraph 34 upon the sale of the last lot in any
i'c~t.ure phases oi' Chateau Meadows last Subdivision.
(49) The Board of Directors are empowered to obtain
appropriate liability, casualty, fire or errors or orr,issior~s or
other insurance to properly protect the actions of the
R
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Association or facilities maintained, owned or controlled by the
Association as a cost to the Association.
(50) Invalidation of one of these Covenants shall In no wa,y
affect any of the other provisions which-shall remain fn full
force and effect.
~. •
STATE OF IDAHO )
ss
COUNTY OF ADA )
C~
1~
Inter west Development Corporation
~_~
v ___ __
A. Leon Blaser, President.
On t h i s (« t h d a y o f ~~. _+_ _~i_ 19~t.. o !,
before me, a notary public in and 'for said State, personally
appeared A. Leon Blaser, known to me to be the President of
Inter west Development Corporation, whose Warne is subscribed to
the foregoing instrument, and acknowledged to me that he executed
the same . '
_`~- . ~ ~ - Notary Public
- - _ _ -v ~-= Commission Expires. ~~~a ~ r55 3
~,
Rescov