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HomeMy WebLinkAboutChateau Meadows East CovenantsAMBROSE, FITZGERALD 8i CROOKSTON ATTORNEYS AND COUNSELORS 1530 WEST STATE - P. O. BOX 427 MERIDIAN, IDAHO 83642 GRANT L. AMBROSE (1915-1968) JOHN O. FITZGERALD, P. A. THIS FIRM INCLUDES WAYNE G. CROOKSTON, JR., P. A. PROFESSIONAL CORPORATIONS WILLIAM J. SCHWARTZ February 23, 1990 Jack Niemann City Clerk, City of Meridian 33 East Idaho Street Meridian, Idaho 83642 TELEPHONE 888-4461 AREA CODE 208 Re: Restrictive Covenants of Chateau Measows East No. 1 Dear Jack: I have reviewed the amended restrictions referrenced above and the changes that were brought in to me today by Mr. Leon Blazer. The covenants are now satisfactory for City purposes. Very truly yours, ~ WAYN G. CROOKSTON, JR. MERIDIAN CITY OOUNCIL FEBRUARY 20, 1990 PAGE #2 ITEM.#2: COVENANTS ON CHATEAU N~ADOWS EAST#1: Kingsford: You have had those covenants, do you have any questions? Giesler: Number 8 about the businesses, I need that explained to me about the business being conducted on - Page #4 item #8. Crookston: It says that Business shall not be conducted on the above property unless legally permitted under the existing and prevailing zoning restrictions, that just puts it back on the zoning, end then if permitted which would I assume would mean if the zoning permits it no business shall be allowed that cannot be conducted within the residence of ahe_owner, I take it that means it couldn't be conducted outside or in a shop adjacent to the building or something like that, it would have to be in the actual home of the owner. Blazer: What it specifically addresses are things like day cares, or those types of things that people have within there house after they obtain a City License. The Motion was made by Tolsma and seconded by Myers to approve of the Covenants on Chateau Meadows East #1 with the counselors corrections. Motion Carried: All Yea: ITEM #3: DON RUBBLE, RUBBLE ENGINEERING, DISCUSSION ON PROPOSED PRA7ECT: Don Hubble, with Hubble Engineering, 3952 Daisy Way, we-'are coming before .you tonight to ask for your approval on a proposed project. The situation for this property is that -it's about half within the City's area of impact and about half outside so right now it has a dual zoning designation. k~:at we would like to do is take a.letter of approval back to the County Planning & Zoning, if you approve, and see if they will approve this preliminary plat and act or, it. Right now they won't because of this dual zoning. This parcel is about 33z acres which according to the new County Zoning Ordinance would make it eligible to be split into 7 lots, 7 building lots, there is an existing home on Lot 7 which would be sold off separatly, then the other lots would be designated as building lots, and then the lots that are left would be designated as non building lots, reserved for agricultural purposes. What we'd like if you approve of this is a similar letter to the one written for Jasmine Acres. There was discussion about the existing house and lane. Myers: What's the reason for doing it like this, why not 33 one acre lots. Hubble: The..new County Zoning Ordinance won't allow that, their density limit is one lot per five acres in their RT Zone. Myers: Okay, but if we amend-ours then we could allow one acre per lot, right? Kingsford: We could allow a denser population than that, but yoL'd be going through a five acre subdivision to get to the back of this where there could be four dwelling units per acre. Crookston: In our Comprehensive Plan it has a agricultural designation that is five acres, one dwelling unit per five acres. OFFICIALS JACK NIEMANN, Clty Clerk JANICE GASS, Treasurer BRUCE D. STUART, Weter Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chiel ROY PORTER, Police Chief GARY SMITH, City Engineer NUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone886-4433 GRANT P. KINGSFORD Mayor February 12, 1990 Mr. Leon Blazer Interwest Development Corporation 3350 Americana Terrace Boise, Idaho 83706 re: Covenants Chateau Meadows: Dear Leon;., COUNCILMEN RONALD R. TOLSMA J. E. BERT MVERS ROBERT GIESLER WALT MORROW Chairman Zoning 6 Planning JIM JOHNSON Attached are the camnw?s~ts fran the Meridian City F~gineer on the covenants for Chateau Meadows for your review. The items notated will need to be corrected before final approval of these oavenants can be given by the City_Council. If you have any questions, please contact the City F~gineer or myself . Sincerely, ~' • F'EBRiJARY 2, 1990 I~,YOR ~~a-~ ^' OOL~JCIL C~ ~ ~'L~ F~~ CITY ENGIl~EEt ~~~ ATTACHED ARE THE RESTRICTIVE OOVII~TANrS FOR CIiATEAU N~ADOWS SUBDIVISION ~ 1 FOR YOUR REVIEW: THE COVENANTS WILL BE CN THE A~IDA FOR FEBRUARY 20, 1990: Jack Nlsnaruz City Clerk i s CHATEAU MEADOWS NO.i SUBDIVISION RESTRICTIVE COVENANTS The undersigned, being the owners o! the property hereinatt described, do hereby adopt the following protective covenants in their entirety to apply to real property to be subdivld contained in a subdivision to be known as CHATEAU MEADOWS -YA~6~ N0. i Subdivision, a portion of the SW i/4, of Section , ownship S North, Range i East, Boise Meridian, Ada County, Idaho. 7 The said- Chateau Meadows Subdivision is divided into single family residential lots in compliance with the local and state regulations and laws. The following covenants shall run with .the land and be in force and effect !or thirty (80) years hereafter unless sooner terminated by agreement of the owners of seventy-five percent (76~) of the land !n the subdivision and: after all lots therein Gave been sold by Inter west Development Corp., hereinafter called "Developer". #[odiilcatlon or termination of these covenants can only be made with the consent of the Developer while any lots in. t61s subdivision remain in the ownership of the Developer,-and are as follows: (i) No building, fence., wall, structure, improvement or obstruction shall be placed or permitted to remain upon any part of said property unless a written request !or approval thereof containing the plans and specitlcattons therefore, including ezterior color scheme, has been approved in writing by the Architectural Committee. The approval of the Committee shall not be unreasonably withheld it the said plans and specifications are for improvements which are similar in general design and quality, and generally to harmony with the dwellings then located on said property. Variances in building set-back requirements- shown on plat may be -given by t he 1#-mc.t..ura l •commi t $e upon proper s howl ngs and so long as the finances on set-backs are met. ct N The ground floor a of the one-story house !n this subdivision shall not be less that 1800 square feet on the ground 'app S~~' porch areas, breezeways or patios, 2bE of the-floor area of such S ' covered areas shall be included at the discretion of the ~iv~'^ Architectural Review Committee !n determining the ground tloor• area of the home. Two-story and tri-level homes shall have not ess than 1400 square feet, exclusive of the covered porches, entrances, or patios. One-level homes with basements shall have a minimum of 2400 square feet with the ground level having a' .minimum of 1200 square lest. The- value of each constructed residence shall equal or 2 exceed 165,000 based on December 1888 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. Bay windows, roots of at least 4 in 12 pitch, broken root lines, gables, 61p roots, etc. Exterior colors of earth tones or grays shall be encouraged. Bright or bold colors, or very dark colors sball be discouraged. No gravel- roofs, split entry homes, or moving of pre-built homes tnto,subdivlslon. All lots shall be provided with a driveway and a minimum of /two-oft-street automobile parking spaces within the boundaries of each 1 of . All area requireo~ents shall be ezclustve of the required two c;ar garage area and shall bu well constructed of good quality material and workmanship. For the purpose of the covenants, eaves, steps, and open porches shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. No building-shall be in ezcess of two stories above natural ground level. -All houses shall have an enclosed garage which will hold no ~ess-than two-cars and no more than tb Fences shall not eztend closer to any s eat than twenty ~~9~lr teat (20), with the exceptLon o! those lots bac tug -North Locust :~,~M~~ a~~a Grove or Chateau Lane, nor higher than siz 6) feet without ~ xpress approval o! the Architectural-Committee, and shall be of .~A~ C~~ ~ ood quality and workmanship and shall be properly finished and ~~~;r~s a intained. The location of fences, hedges, high plantings, obstructions or barriers shall be so situated as not to ~ Hriu~ unreasonably interfere with the enJoyment 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. All recorded lots within this subdivision shall be sub,tect to and restricted by the following recorded subdivision covenants: (a) No Dnplez or multi-family building shall be located !w thin the boundaries of this subdivision. (b) Construction of any residences on the subdivision shall be diligently pursued attar commencement thereof, to be completed within eight (8) months. 4 ,~ ~ I a ~~a~sS ,~ ~"' bui`~ 41 ho'~ (6) Nothing of an oitenslve, dangerous, odorous, or noisy klnd shall be conducted or carried on nor shall anything be done or permitted in said subdivision which may be or become an annoyance or nuisance to the other property owners in said subdivision. Needs shall be kept cut to lass than tour (4) inches. (7) 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 be adequately,tenced 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. (8) Business shall not be conducted on the above property that cannot be conducted within the residence of the owns o signs s a 1~`eTns'~alTe'a" o aver se sa'Td~u`sTness . No of 1 exploration or development.: o! any nature or kind or mining exploration, development or structure shall be permitted upon the lots in this subdivision. (8) Only one (i) outbuilding per l,ot will be allowed. All oatbnildings shall be constructed of .good quality building ~aterlal, completely. finished and painted on the outside and shall be of good gnalit y-and character that will be in harsony with the other buildings on said property and must be approved by the Architectural Comoittee. (10) No building or structure shall be placed on said property so as to obstruct the windows or light of any adJoining property owner in acid subdivision. (i•i) Additional easements: In addition to the easements shown on the recorded plat, an easement is further reserved five (5) feet on each side of all other lot lines for installation and maintenance of utilities, irrigation and drainage. Ntthin these easements no structure, planting or other material shall be placed or permitted to remain which rosy damage or interfere with the installation and maintenance o! the utilities, or which may change the direction of flow of water through drainage channels !n 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 is responsible. (12) This subdivision is within the Nampa-lieridian Irrigation District and sabJect to any and all assessments of said d strtet~ The developer has made vis ~s)that provide for t liver of irri ation wat a ndiv dual lots. e actual construct on an ezpense of said system s e~. obligation of the lot owners, as their option, and not the developers. (iS) .All bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground pipe to wet line sewer connection lines. (14) No sign of any kind shall be displayed to public view on any building or building site- on said property ezcept a professional sign of not more than Live (b) square feet advertising the property for sale or rent, or signs used by the developer to advertise the property dnrinr construction and 8a1e8 period. IL a property is sold or rented, any sign relating thereto shall be removed. immediately, ezcept that the Declarant or its agent may post a "sold" sign !or a reasonable period following the sale. (ib) No lot or building site included within this subdivision shall be used or maintained as a dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage, etc., shall be maintained in a sanitary and clean condition. (16) Parking of boats,- trailers, motorcycles, trucks, truck-campers-and like equipsent, or Jnnk cars or other unsightly vehicles, shall not be allowed on any part o! 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 may protect beyond the enclosed area. Parking of automobiles or other vehicles on any part of the property or on public ways adJacent thereto shall be prohibited ezcept within ^_~ garages, carports, or other approved areas. The Architectural "" ~ Co~aittee shall be the sole and exclusive Judges of approved (~.t, areas. Their decision is final and binding. ~ ~ (17) No machinery, building equipment or material shall be stored upon site until the Grantee is ready and able to commence ` the construction with respect to such building materials which .then shall be placed within the property line of such building site upon which the structure is to be erected. (18) 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. (19) These covenants shall run with the land and shall be binding on all persons owning under them !or a period of thirty .. ` ~ 8 may be examined, at reasonable tlmes, by any member or mortgagee. (26) Voting Rlghts: Each member shall be entitled to cast one vote or fractional vote as set forth herein !or each lot in which he holds the Interest required for membershlp. Only one vote shall be cast with respect to each lot. The vote applicable to any lot being sold under a contract of sale shall be exercised by the contract vendor unless the contract expressly provides otherwise and the Association bas been notified, Ln writing, of such provision. Voting by proxy shall be permitted. (27) ~ Officers and. Directors: At an annual meeting called pursuant to not-ice as herein provided for establishment o! annnal assessments, a Board o! Directors of the Aaaociatlon shall be elected by ballot of those attending said meeting and voting by proxy, provided that the total of all votes cast shall-represent a quorum as hereinafter provided. There shall be three directors elected to serve for a period of three years. Election shall be by popular vote, the nominees receiving the three highest vote totals shall be deemed elected. Each member shall be entitled to vote !or three nominees per membership. In the event any director-shall be unable to complete the term for which elected, the remalntng directors are empowered to appoint a substttnte to serve out t~e unexpired term. _ h0 (Y8) The Association all operate, control and maintain any common areas. of these covenants and until such time as the it of ![eridlan or ACRD shall accept for maintenance, Lot , oc an~.ot 1, Block 3 are designated common area to be maintained by the Assoctation. The Association shall have the right to dedicate or transfer Q«<~ ~~~ ' all or any part o! the common areas to any public entity, ~ '1 ~' ~n aN authority, or atility !or such purposes and snb~ect to such , ~ ~~~ conditions as may be agreed to by the members. No such condition ~'^ ~,;~~~ ' to transfer shall be effective unless authorized by members orµ entitled to cast two-thirds (2/3) of the maJortty o! the votes at a special or general member's meeting and an instrument signed by 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 Ls sent to every member not less than fifteen days (15) nor more than thirty (30) days prior to such dedication or transfer; and the Association shall have the right to suspend any 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. (28) Each owner of any Lot by~ ratification of these 11 • of said property shall not affect the assessment lien. No sale or transfer shall relieve suoh lot ior^ liability !or any assessments thereafter becoming due or from the liening thereof. (34) The following property subJect to this Declaratlon shall be ezempt 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. (35) The Association shall prepare an annual budget which shall indicate anticipated management, operating, maintenance, repalr and other common expenses f or the Association's next fiscal year and which shall be sufficient to pay all estimated expenses and outlays of the Association !or the next calendar year growing out of or in connection with the maintenance and operation of common areas and improvements and may Include, among other things, the cost of maintenance, management, special assessments, tire, casnalty and public .liability insurance, common lighting, landscaping, and care of grounds, repairs, renovatlons, and paintings to common areas, snow removal, wages, water charges, legal and accounting -tees, management, tees ezpenses- and l/abilttles incurred by the Association form a previous period, and the creation of aey reasonable contingency or other reserve innd, as-well as all costs-and ezpenses relating to the common area and improvements. (36) The Association shall be responsible !or the repairs, upkeep and maintenance,- normal servicing, gardening, rules and regulations for use, care, and safety, annual planting of flowers (ii any), payment of bills and related ezpenses for any Common Areas . The Directors shall become the Architectural Committee as provided !n Paragraph Y2 upon tie.-..gale of the last lot to any future phases of Chateau Meadows ~ ubdivision. (37) The Board of Directors are empowered to obtain appropriate liability, casnalty, fire or errors or omissions or other insurance to properly protect the actions of the Association or facilities maintained, owned or controlled by the Association as a cost to the Association. (38) Invalidation of one of these Covenants shall Ln no way affect any of the other provisions which shall remain in lull force and effect. y `y ti ~ ~~ ~ ~ ~~ ~ ~•~. ~. .~~~~ r ~ ~~ CHATEAU MEADOWS EAST N0. 1 SUBDIVISION RESTRICTIVE. COVENANTS The undersigned, being the owners of the property hereinafter described, do hereby adopt the following protective covenants in their entirety to apply to real property to be subdivided and contained in a subdivision to be known as CHATEAU MEADOWS EAST N0. 1 Subdivision, a portion of the SW 1/4, of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. The said Chateau Meadows East No. i Subdivision is divided into single family residential lots in compliance with the local and state regulations and laws. !-~ry'~'~"''~ The following covenants shall run with the land and be in `~`~~ ~ force and effect for thirty (30) years hereafter unless sooner terminated by agreement of the owners of seventy-five percent (759K) of the land in the subdivision and after all lots therein have been sold by Inter west Development Corp., hereinafter called P S "Developer". Modification or termination of these covenants can only be made with the consent of the Developer while any lots in f th D 1 d this subdivision remain in the ownership o e eve oiler, an are as follows: ~ ~~~ (1) No building, fence, wall, structure, improvement or obstruction shall be placed or permitted to remain upon any. part of said 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. 77rr Variances in building set-back requirements shown on plat ~ ~~~G~ may be given by the Architectural committee upon proper showings .~'~ nces on set-backs are met . and so long as the Meridian City ordina The ground floor area of a one-story house in this ~- ~ subdivision shall not be less that 1300 square feet. Two-story ~ and tri-level .homes shall have not. less than 1400 square feet, ~jJ,tio ~~ exclus iy~of the covered`~orches, entrances, or patio One- f 400 in -~, square imum o level homes w sem n s shall have a m Q~~j feet with the ground level having a minimum of 1200 square feet. , // ~ ~ l f~~ ' ~ The value of each constructed residence shall equal or A ~ ! ~Zr~ V exceed $65,000 based on December 1989 values. ~ The design of each house in this subdivision shall endeavor ~ ~I ~~ • 2 to include aesthetic qualities such as brick, redwood, cedar, or stone facings on the front exposure. Bay 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. No gravel roofs, split entry homes, or moving of pre-built homes into subdivision. ~ AlL lots shall be provided with a driveway and a minimum of two off-street automobile parking spaces within the boundaries of each lot. All area requirements shall be exclusive of the required two car garage area and shall be well constructed of good quality material and workmanship. For. the purpose of the covenants, eaves, steps, and open porches shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. No building shall be in excess of two stories above natural ground level. All houses shall have an enclosed garage which will hold no less than two cars and no more than three. Fences shall not extend closer to any street than twenty feet (20), with the exception of those lots backing North Locust Grove or Chateau Lane, nor higher than six (6) feet without express approval of the Architectural Committee and the Meridian 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 barriers shall be so situated as not to unreasonably interfere with the enJoyment 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. All recorded lots within this subdivision shall be sub,lect to and restricted by the following .recorded subdivision covenants: (a) No Duplex or multi-family building shall be located within the boundaries of this subdivision. (b) Construction of any residences on the subdivision shall be diligently pursued after commencement thereof-be completed within eight (8) months. ~~~ • 3 y,, In addition" 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 ~,~exists i~#Fh the following conditions (a) The ease~'me t 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 'any and all t Imes . , ~'ly (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. (2) 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 i/2" caliper, three (3) five gallon plants and five (5) 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. (3) 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 /r° designed to automatically switch on at sunset and off at sunrise nn ~ with a minimum bulb poser ~ ~atts. Wv (4) No building shall be moved onto the premises. (5) No shack, tent, trailer house, or basement only, shall be used within the subdivision for living quarters, permanent or temporary. (6) Nothing of an offensive, kind shall be conducted or carried or permitted Ln said subdivision annoyance or nuisance to the o subdivision. Weeds shall be kept inches. dangerous, odorous, or noisy on nor shall anything be done which may be or become an ther property owners In said cut to less than four (4) (7) 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 be adequately fenced so as not to annoy or trespass upon the use of the property of others. • 4 Any other requests by lot purchasers must be approved by the Architectural Committee. Dogs shall not be allowed to run at large. ~ ~o~ a ~ ~ (8) Business- sh 11 not be conducted on the above property unless legally perms ted under the existing and prevailing zone ~~ restrictions. If rmitted, no business 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 any nature or kind or mining exploration, development or structure shall be permitted upon the lots in this subdivision. (9) Only one (1) outbuilding per lot will be allowed. All outbuildings shall be constructed of good quality building material, completely finished and painted on 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. (10) No building or structure shall be placed on said property so as to obstruct the windows or light of any ad,loining property owner in said subdivision. (ii) Additional easements: In addition to the easements shown on the recorded plat, an easement is further reserved five (5) feet on each side of all other lot lines for installation and maintenance of utilities, irrigation and drainage. Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, or which may change the direction of flow of water through 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 is responsible. (12) This subdivision is within the Nampa-Meridian Irrigation District and sub,lect to any and all assessments of said district. Any construction and expense of an irrigation water delivery system is .the obligation of the lot owners, as their option, and not the developers. (13) All bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground pipe to wet line sewer connection lines. . y • 5 (14) 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, any 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. (15) No lot or building site included within this subdivision shall be used or maintained as a dumping ground for waste material. Incinerators are not permitted. Receptacles-for storage of trash, garbage, etc., shall be maintained In a ~ sanitary and clean condition. (16) Parking of boats, trailers, motorcycles, trucks, - truck-campers-and like equipment,. or Junk cars or other unsightly vehicles, shall not be allowed on any 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 may pro,lect beyond the enclosed area. Parking of automobiles or other vehicles on any part of the property or on public ways ad,lacent thereto shall be prohibited except within garages, carports, or other approved areas. (17) No machinery, building equipment or material shall be stored upon site until the Grantee is ready and able to commence the construction with respect to such building materials which then shall be placed within the property line of such building site upon which the structure is to be erected. (18) 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. (19) These covenants shall run with the land and shall be binding on all persons owning under them 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 75~ 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 any lots in this subdivision remain in Developer's ownership. (20) Enforcement against any person or persons violating or 6 attempting to violate any covenant herein after ten (10) days notice thereof in writing served on the offending party, shall be 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 may 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 Just and equitable. (21) Any Owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now hereafter imposed by the provisions of the Declaration. Failure by 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. (22) A committee of three persons shall act as an architectural design committee and shall, prior to any new construction in said subdivision, be furnished with one set of detailed plans and specifications of any 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 the dating and signing of the set of plans by a member of the committee, and their approval shall be construed as full compliance with the provisions of Paragraph One (1) of the original covenants. Said committee shall have sole discretion to determine what shall be substantial compliance without prior consent of said committee. The committee shall consist of the following: A Leon Blaser 3875 Twilight Dr. Boise, Id 83703 Bruce Blaser 4378 Kitsap Dr. Boise, Id 83703 Teresa A. Blaser 3785 Twilight Dr. Boise, Id 83703 After the developer has 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 committee. In the event any member of the committee is unable to act or fails or desires not to act, the remaining committee members shall appoint an owner of a lot in said subdivision to serve on said committee, all of whom serve without compensation. 7 (23) Damage to Improvements: It shall be the responsibility of the builder of any residence in this subdivision to leave street, curbs, sidewalks, fences, 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 lot 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 the time building is begun on each lot unless the contrary is shown in writing at the date of conveyance or by date of possession, whichever date shall first occur, which no ~ a res e a member of the Architectural Committee. (24) Invalidation of one of these covenants shall in no way affect any of the other provisions which shall. remain in full force and effect. HOME OWNERS ASSOCIATION (25) 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 qualification for becoming a member, and shall automatically commence upon a person becoming such owner, and shall automatically terminate and lapse when such ownership in Bald property shall terminate or be transferred. The Association shall maintain' a member list and may require written proof of any member's lot .ownership interest. As additional phases of Chateau Meadows Subdivision are formed and brought to completion, the new phase will automatically be integrated into the 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. (26) Voting Rights: Each member shall be entitled to cast one vote or fractional vote as set forth herein for each lot in which he holds the interest required for membership. Only one 8 vote shall be cast with respect to each lot. The vote applicable to any lot being sold under a contract of .sale shall be exercised by the contract vendor unless the contract expressly provides otherwise and the Association 'has been notified, in writing, of such provision. Voting by proxy shall be permitted. (27) Officers and Directors: At an pursuant to notice as herein provided for e assessments, a Board of Directors of the elected by ballot of those attending said proxy, provided that the total of all votes a quorum as hereinafter provided. annual meeting called stablishment of annual Association shall be meeting and voting by cast shall represent There shall be three directors elected to serve for a period of three years. Election shall be by popular vote, the nominees receiving the three highest vote totals shall be deemed elected. Each member shall be entitled to vote for three nominees per membership. In the event any director shall be unable to complete the term for which elected, the remaining directors are empowered to appoint a substitute to serve out the unexpired term. (28) The Association shall operate, control and maintain any common areas. For the purpose of these covenants and if and until such time as either the City of Meridian or ACRD, at their sole and separate discretion, shall accept for maintenance, Lot 8, Block 1 and Lot i, Block 3/are designated common area to be maintained by the Association. ~~~ The Association shall have the right to dedicate or transfer all or any part. of the common areas to any public entity, authority, or utility, upon acceptance by that public entity, authority, or .utility, for such purposes and subJect to such conditions as may be agreed to by the members. No such condition to transfer shall be effective. unless authorized by members entitled to cast two-thirds (2/3) of the ma ,lority of the votes at a special or general member's meeting and an instrument signed by 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 not less than fifteen days (15) nor more than thirty (30) days prior to such dedication or transfer; and the Association shall have the right to suspend any 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. (29) Each owner of any Lot by~/ ratification of these covenants or by acceptance of a dee or contract of purchase therefore, whether or not it shall be so expressed in any such 9 ~~eQnu~ deed other conveyance or agreement for conveyance, is d~ee~~d to c-e and agree to pay to the Association (i) regular ~~~``/ annual or other regular periodic assessments or charges not to _~ exceed $18 per year, (2) special assessments for capital _j improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The regular ~ n 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 1V.,y_Y~ 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 levled.a~,The obligation shall remain a lien on the ///~~- property until paid ~ foreclosed, but shall not be a personal obligation of successors in title unless expressly assumed. ~~~ The assessments levied by the Association shall not be used for any purpose other than the improvement and maintenance of the Common Area. Sub,lect to the above provision, the Association Directors shall determine the use of assessment proceeds. ~~ ~~'°~ ! In addition to the regular assessments authorized. above, the Association 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 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 ,/j 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 sent to all members not less than fifteen (15) days nor more than thirty (30) days in advance of the meeting setting forth the purpose of the meeting. 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 basis in the discretion of the Directors. (30) At the first meeting called, the presence at the ~, meeting' of members or of proxies to cast sixty percent (60~) of all votes of the members shall constitute a quorum. If the ~ "~ required quorum is not forthcoming at any meeting, another r'~1 meeting may be called, sub,lect to the notice requirements. No subsequent meeting shall be held more than sixty (60) days 5 following the date of the meeting at which no quorum was forthcoming. (31) All lots shall be subJect to the annual or monthly assessment provided for herein on the first day of the month following the action of the Board. The Board of Directors shall • 10 fix the amount of the regular assessment at least thirty (30) days in advance of each assessment period. Written notice of the assessment dates shall be established by the Board of Directors. The Association shall, upon demand at any 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 for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to~have been paid. (32) Any assessments which are not paid when due shall 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`K) 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 thereof, shall constitute a lien on the whole lot (including any improvement located thereon), with respect to which it is filed from the date the lien is filed in the office of the said County Recorder for 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 to liens upon real ,property. The owner of said property at the time Bald assessment is levied shall be personally liable for the expenses, costs and disbursements, including attor`ney's fees of the Declarant or of the Association, as the' case may be, of processing and !f necessary, enforcing such liens, all of which expense, costs and disbursements and attorney's lees shall b~ secured 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 be liable for any ~f?fQ~~f?1~~~' i:~ilih4~~i~~i~ 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 _e-f' abandonment of his lot . °'r (33) The sale or transfer of any lot or any other part of Bald property shall not affect the assessme t lien. No sale or transfer shall relieve such lot ~'"-liability for any assessments thereafter becoming due or from the liening thereof. • li (34) The following property subJect to this Declaration 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. (35) 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 sufficient to pay all estimated expenses and outlays of the Association for the next calendar year growing out of or in connection with the maintenance and operation of common areas and improvements and may include, among other things, the cost of maintenance, management, special assessments, fire, casualty and public liability insurance, common lighting, landscaping, and care of grounds, repairs, renovations, and paintings to common areas, snow removal, wages, water charges, legal and accounting fees, management, ees expenses and liabilities Lncurred by the Association f m a previous period, and the creation of any reasonable contingency or other reserve fund, as well as all costs and expenses relating to the common area and improvements. (36) The Association shall be responsible for the repairs, upkeep and maintenance, normal servicing, gardening, rules and regulations for use, care, and safety, annual planting of flowers (if any), payment of bills and related expenses for any Common Areas. The Directors shall become the Architectural Committee as provided in Paragraph 22 upon the sale of the last lot in any future phases of Chateau Meadows East No.i Subdivision. (3T) The Board of Directors are empowered to obtain appropriate liability, casualty, fire or errors or omissions or other insurance to properly protect the actions of the Association or facilities maintained, owned or controlled by the Association as a cost to the Association. (38) Invalidation of one of these Covenants shall in no way affect any of the other provisions which shall remain in full force and effect. D ,' + • 12 ~J Inter west Development Corporation A. Leon Blaser, President STATE OF IDAHO ) ss COUNTY OF ADA ) On this FIRST day -of FEBRUARY, 1890, before me, a notary public !n and for said State, personally appeared A. Leon Blaser, known. to me to be the President of Interwest.,Developm~nt Corporation, whose name is subscr to the foregoing instrument, and acknowledged to me tha executed the same. Notary Public ; Residing at: G~y'~~ ~~ Commission Expires: Rescov • • FEBRUARY 2, 1990 MAYOR COUNCIL ATTORNEY CITY E[~1GINEER ATTACHID ARE THE RESTRICTIVE COVENANTS FOR CHATEAU MEADOWS SUBDIVISION # 1 FOR YOUR REVIE<nl: THE COVELVAD]'TS WILL BE ON THE AGELVDA FOR FEBRUARY 20, 1990: Jack Ni~nann City Clerk ~~ i ~ CHATEAU MEADOWS N0.1 SUBDIVISION RESTRICTIVE COVENANTS The undersigned, being the owners of the property hereinafter described, do hereby adopt the following protective covenants in their entirety to apply to real property to be subdivided and contained Ln a subdivision to be known as CHATEAU MEADOWS EAST N0. i Subdivision, a portion of the SW 1/4, of Section 5, Township 3 North, Range i East, Boise Meridian, Ada County, Idaho. The said Chateau Meadows East Subdivision is divided into single family residential lots in compliance with the local and state regulations and laws. The following covenants shall run with .the land and be in force and effect for thirty (30) years hereafter unless sooner terminated by agreement of the owners of seventy-five percent (75~) of the land !n the subdivision and after all lots therein. have been sold by Inter west 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: (i) No building, fence, wall, structure, Improvement or obstruction shall be placed or permitted to remain upon any part of said 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. Variances in building set-back requirements shown on plat may be given by the Architectural committee upon proper showings and so long as the county ordinances on set-backs are met. The ground floor area of the one-story house in this subdivision shall not be less that 1300 square feet on the ground porch areas, breezeways or patios, 25~ of the floor area of such covered areas shall be included at the discretion of the Architectural Review Committee in determining the ground floor area of the home. Two-story and tri-level homes shall have not less than 1400 square feet, exclusive of the covered porches, entrances, or patios. One-level homes with basements shall have a minimum of 2400 square feet with the ground level having a minimum of 1200 square feet. The value of each constructed residence shall equal or C~ 2 exceed 965,000 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. Bay 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. No gravel roofs, split entry homes, or moving of pre-built homes into subdivision. All lots shall be provided with a driveway and a minimum of two off-street automobile parking spaces within the boundaries of each lot. All area requirements shall be exclusive of the required two var garaga area and shall bu well constructed of good quality material and workmanship. For the purpose of the covenants, eaves, steps, and open porches shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. No building shall be in excess of two stories above natural ground level. All houses shall have an enclosed garage which will hold no less than two cars and no more than three. Fences shall not extend closer to any street than twenty feet (20), with the exception of those lots backing North Locust Grove or Chateau Lane, nor higher than six (6) feet without express approval of the Architectural Committee, and shall be of good quality and workmanship and shall be properly finished and maintained. The location of fences, hedges, high plantings, obstructions or barriers shall be so situated as not to unreasonably interfere with the enJoyment 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. All recorded lots within this subdivision shall be subJect to and restricted by the following recorded subdivision covenants: (a) No Duplex or multi-family building shall be located within the boundaries of this subdivision. (b) Construction of any residences on the subdivision shall be diligently pursued after commencement thereof, to be completed within eight (8) months. ~~ ~ • 3 In addition 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 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. In making future repairs, the city will expediently replace ar~d restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacements. (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. (2) Landscaping of front yard !s 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 i i/2" caliper, three (3) five gallon plants and flue (5) 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. (3) Upon completion, each residential structure shall have Installed in a location not more than six (6) feet from the inside of the sidewalk, and ad.lacent to the driveway of such premises, a Photo-Sensitive yard 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 of 60 watts, model to be approved by the Architectural Control Committee, of a standard six (6) foot height, and shall be shown on all plans for construction of each particular structure. Lot owners shall be required to immediately replace burned-out light bulbs and any defective equipment in or pertaining to the yard light which causes the yard light not to function during night hours. Yard lights shall be electrically wired directly to the residence's electrical breaker panel and comply with the National Electrical Code. If the lot owners desire other street lighting, the cost of such shall be the responsibility of the lot. owners. (4) No building shall be moved onto the premises. (5) No shack, tent, trailer house, or basement only, shall be used within the subdivision for living quarters, permanent or temporary. 4 (6) Nothing of an offensive, dangerous, odorous, or noisy kind shall be conducted or carried on nor shall anything be done or permitted in said subdivision which may be or become an annoyance or nuisance to the other property owners in said subdivision. Weeds shall be kept cut to less than four (4) inches. (7) 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 be 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. (8) Business shall not be conducted on the above property 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 any nature or kind or mining exploration, development or structure shall be permitted upon the lots in this subdivision. (9) Only one (i) outbuilding per lot will be allowed. All. outbuildings shall be constructed o! good quality building material, completely finished and painted on the outside and shall be of good quality and character that will be Ln harmony with the other buildings on said property and must be approved by the Architectural Committee. (10) 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. (11) Additional easements: In addition to the easements shown on the recorded plat, an easement is further reserved five (5) feet on each side of all other lot lines for installation and maintenance of utilities, irrigation and drainage. Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the Lnstallatton and maintenance of the utilities, or which may change the direction of flow of water through drainage channels Ln 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 is responsible. (12) This subdivision is within the Nampa-Meridian Irrigation District and subJect to any and all assessments of • 5 said district. The developer has made provisions that provide for future delivery of irrigation water to the individual lots. The actual construction and expense of said system is the obligation of the lot owners, as their option, and not the developers. (13) All bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground pipe to wet line sewer connection lines. (14) No sign of any kind shall be displayed to public view on any building or bullding 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 construct to~1 ~~ld 8g1c8 period. If a property is sold or rented, any 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. (15) No lot or building site included within this subdivision shall be used or maintained as a dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage, etc., shall be maintained in a sanitary and clean condition. (16) Parking of boats, trailers, motorcycles, trucks, truck-campers and like equipment, or Junk cars or other unsightly vehicles, shall not be allowed on any 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 may protect beyond 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 Judges of approved areas. Their decision is final and binding. (17) No machinery, building equipment or material ,shall be stored upon site until the Grantee is ready and able to commence the construction with respect to such building materials which then shall be placed within the property line of such building site upon which the structure is to be erected. (18) Installation of radio and/or television antennae or satellite dishes is prohibited outside any bullding without written consent from the Architectural Committee, which would require them to be screened from street view. (18) These covenants shall run with the land and shall be binding on all persons owning under them for a period of thirty • 6 (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 75SK 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 any lots in this subdivision remain in Developer's ownership. (20) Enforcement against any person or persons violating or attempting to violate any covenant herein after ten (10) days notice thereof in writing served on the offending party, shall be 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 may 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 Just and equitable. (21) Any Owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now hereafter imposed by the provisions of the Declaration. Failure by 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. (22) A committee of three persons shall act as an architectural design committee and shall, prior to any new construction in said subdivision, be furnished with one set of detailed plans and specifications of any 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 the dating and signing of the set of plans by a member of the committee, and their approval shall be construed as full compliance with the provisions of Paragraph One (1) of the original covenants. Said committee shall have sole discretion to determine what shall be substantial compliance without prior consent of said committee. The committee shall consist of the following: A Leon Blaser 3875 Twilight Dr. Boise, Id 83703 Bruce Blaser 4378 Kltsap Dr. Boise, Id 83703 Teresa A. Blaser 3785 Twilight Dr. Boise, Id 83703 After the developer has sold all. the lots in this subdivision, the Architectural Review Committee shall be turned 7 over to the residents of the subdivision and not before. Amending these covenants shall not affect this provision. A ma,iority of said committee is empowered to act for the committee. In the event any member of the committee !s unable to act or fails or desires not. to act, the remaining committee members shall appoint an owner of a lot in said subdlvlston to serve on said committee, all of whom serve without compensation. (23) Damage to Improvements: It shall be the responsibility of the builder of any residence in this subdivision to leave street, curbs, sidewalks, fences, and tiled irrigation lines if any, and utility facilities free of damage and !n good and sound condition at the conclusion of the construction period. Fine grading on each individual lot shall be required to conform to the master drainage plan of the subdivision. It shall be conclusively presumed that all such Lmprovements are in good, sound condition at the time building is begun on each lot unless the contrary is shown in writing at the date of conveyance or by date of possession, whichever date shall first occur, which notice addressed to a member of the Architectural Committee. (24) Invalidation of one of these covenants shall in no way affect any of the other provisions which shall remain to full force and effect. (25) 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 Lntended 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 qualification-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 property shall terminate or be transferred. The Association shall maintain a member list and may require written proof of any member's lot ownership interest. As additional phases of Chateau Meadows Subdivision are formed and brought to completion, the new phase will automatically be integrated into the Association, with all restrictions and privileges applied. The financial reports, books and records of the Association 8 may be examined, at reasonable times, by any member or mortgagee. (26) Voting Rights: Each member shall be entitled to cast one vote or fractional vote as set forth herein for each lot in which he holds the interest required for membership. Only one vote shall be cast with respect to each lot. The vote applicable to any lot being sold under a contract of sale shall be exercised by the contract vendor unless the contract expressly provides otherwise and the Associatlon has been notified, In writing, of such provision. Voting by proxy shall be permitted. (2?) Officers and Directors: pursuant to notice as herein provided assessments, a Board of Directors elected by ballot of those attending proxy, provided that the total of al a quorum as hereinafter provided. At an annual meeting .called for establishment of annual of the Association shall be said meeting and voting by 1 votes cast shall represent There shall be three directors elected to serve for a period of three years. Election shall be by popular vote, the nominees receiving the three highest vote totals shall be deemed elected. Each member shall be entitled to vote for three nominees per membership. In the event any director shall be unable to complete the term for which elected, the remaining directors are empowered to appoint a substitute to serve out the unexpired term. (28) The Association shall operate, control and maintain any common areas. For the purpose of these covenants and until such time as the City of Meridian or ACHD shall accept for maintenance, Lot 8, Block i and Lot 1, Block 3 are designated common area to be maintained by the Association. The Association shall have the right to dedicate or transfer all or any part of the common areas to any public entity, authority, or utility for such purposes and sub,lect to such conditions as may be agreed to by the members. No such condition to transfer shall be effective unless authorized by members entitled to cast two-thirds (2/3) of the ma~orlty of the votes at a special or general member's meeting and an instrument signed by 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 not less than fifteen days (15) nor more than thirty f30) days prior to such dedication or transfer; and the Associatlon shall have the right to suspend any 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. (28) Each owner of any Lot byu ratification of these 9 covenants or by acceptance of a deed or contract of 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 pay to the Association: (a) Regular annual or other regular periodic assessments or charges not to exceed g18 per year, except as ad,lusted for inflation, if any. (b) 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 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 obiigation shall remain a lien on the property until paid of foreclosed, but shall not be a personal obligation of successors in title unless expressly assumed. The assessments levied by the Association shall not be used for any purpose other than the improvement and maintenance of the Common Area. Sub,lect to the above provision, the Association Directors shall determine the use of assessment proceeds. In addition to the regular assessments authorized above, the Association 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 cost of any construction or reconstruction, unexpected repair or replacement of a capital improvement, provided the assent of a two-thirds (2/3) ma,lority 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 sent to all members not less than fifteen (ib) days nor more than thirty (30) days in advance of the meeting setting forth the purpose of -the meeting. 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 basis in the discretion of the Directors. (30) At the first meeting called, the presence at the meeting of members or of proxies to cast sixty percent (60~) of all votes of the members shall constitute a quorum. If the required. quorum Ls not forthcoming at any meeting, another meeting may be called, sub.lect to the notice requirements. No subsequent meeting shall be held more than sixty (60) days • 10 following the date of the meeting forthcoming. ~J at which no quorum was (31) All lots shall be sub,lect to the annual or monthly 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 the assessment dates shall be established by the Board of Directors. The Association shall,- upon demand at any reasonable time, furnish a certificate !n 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 for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. (32) Any assessments which are not paid when due shall be delinquent. If the assessment !s 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 (18A;) 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 !n full thereof, shall execute and file a proper release of the lien releasing the same. The aggregate amount of such assessments, together with Lnterest, costs and expenses and a reasonable attorney's fee for the filing and enforcement thereof, shall constitute a lien on the whole lot (including any improvement located thereon), with respect to which. it is filed. from the date the lien Ls filed in the office of the said County Recorder for 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 to liens upon real property. The owner of said property at the time said assessment is levied shall be personally liable for the expenses, costs and disbursements, including attorney's fees of the Declarant or of the Association, as the case may be, of processing and if necessary, enforcing such liens, all of which expense, costs and disbursements and attorney's fees shall be secured 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 be 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 . (33) The sale or transfer of any lot or any other part . • 11 • of said property shall not affect the assessment lien. No sale or transfer shall relieve such lot form liability for any assessments thereafter becoming due or from the liening thereof. (34) The following property subJect to this Declaration shall be exempt from the assessments created herein: (a) all properties expressly dedicated to and accepted by a local public authority; (b) a,ny other properties owned by the Association. (35) 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 sufficient to pay all estimated expenses and outlays of the Association for the next calendar year growing out of or in connection with the maintenance and operation of common areas and improvements and may include, among other things, the cost of maintenance, management, special assessments, fire, casualty and public liability insurance, common lighting, landscaping, and care of grounds, repairs, renovations, and paintings to common areas, snow removal, wages,, water charges, legal and accounting fees, management, fees expenses and liabilities incurred by the Association form a previous period, and the creation of any reasonable contingency or other reserve fund, as well as all costs and expenses relating to the common area and improvements. (36) The Association shall be responsible for the repairs, upkeep and maintenance, normal servicing, gardening, rules and regulations for use, care, and safety, annual planting of flowers (if any), payment of bills and related expenses for any Common Areas. The Directors shall become the Architectural Committee as provided in Paragraph 22 upon the sale of the last lot in any future phases of Chateau Meadows East Subdivision. (37) The Board of Directors are empowered to obtain appropriate liability, casualty, fire or errors or omissions or other insurance to properly protect the actions of the Association or facilities maintained, owned or controlled by the Association as a cost to the Association. (38) Invalidation of one of these Covenants shall in no way affect any of the other provisions which shall remain in full force and effect. STATE OF IDAHO ) ss COUNTY OF ADA ) 1I \._/ 12 Interwest Development Corporation / ,~ ,~ i A. Leon Blaser, President On this FIRST day of FEBRUARY, 1880, 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 name is subscr to the foregoing instrument, and acknowledged to me tha executed the same. Notary Public- Reslding at: G~~/}~,~ ~~ Commission Expires: Rescov