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HomeMy WebLinkAboutClearmont Fair FPMERIDIAN CITY COUNCIL JULY 3, 1990 PAGE # 4 Item #6• Pre -Termination Hearing: Water/Sewer/Trash Delinquencies: Mayor Kingsford: You have been informed in writing, if you choose to, youhave the right to a pre -termination hearing before the Mayor & Council, to appear person to be judged on facts and defend 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 who wishes to have a pre -termination hearing? 'There was no response. Due to their failure to pay their water bill or present any valid reason why the bill has not been paid , their water -shall be turned off on July -17, 1990. In order to have heir water turned back on there will be an additional fee of $10.00. They are hereby eFourth informed that they may appeal or have the decision of the City reviewed Judicial District Court, pursuant to Idaho Code. Ewen though they appeal the water will be shut off: The Notion was made by Myers and seconded by Tolsma to approve the turn-off list as Motion Carried: All Yea: Mayor Kingsford: The amount of the turn-off this month is 6,988.60: Item # 7: Approve the Bills: The Motion was made by Tolsma and seconded by Myers to approve payment of the Bills: Notion Carried: All Yea: Item #8: Restrictive Covenants on Clarinda Fair Subdivision: Mayor Kingsford: Any questions the Council might have? Myers: On page 9, section 10, it states scanething about Boise, Ithink this is just a misprint but it needs corrected. The Notion was made by Myers and seconded by Yerrington to approve the Covenants of Clarinda Falx Subdivision with the incorporation of the City Attorney and the City Engineers ccunents & needed corrections: Notion Carried: All Yea: Iten #9: Restrictive Covenants of Cherry Lane Village #3: Mayor Kingsford: This item has been cancelled, they are still working with the Attorney on these: Item #10. Ordinance #536.Ordinance Vacating Easement in Circe Park Subdivision: Mayor Kingsford: An Oxdinance vacating a portion of ca merce Park Subdivision, of record in Ada County, Idaho, specifically a 10 foot wide utility and drainage ed on the lot lines ca=n to Lots #1 & 2 of Commerce easement located and center cial plat recorded thereof, in Book 45 of Park Subdivision according to the offi Plats at page 3721 and 3722, recorded as instrument # 7903627, records of Ada is there 36 Countym Idaho: and providing a ieffectiven its daty? There was anyone audience response. who wishes Ordinance #5 OFFICIALS JACK NIEMANN. City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, City Engineer • NUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN June 25, 1990 Mayor Council Members 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone 888-4433 GRANT P. KINGSFORD Mayor Attached are the covenants on Clarinda Fair for your review. COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER MAX YERRINGTON Chairman Zoning & Planning JIM JOHNSON These will be on the agenda for July 3, 1990: 5 ,c'ti o A 11 o w S A 9U-FA61Z1CATEn 5711in cTN !; Jack Niemann ✓ h 51M tiIA a 5) 5 E t 15 A M 5 Ft-/ 5 T'O l2 Y City Clerk - S WE STaS 6T SE TBA CIc = '10 FT• - GNIw1nF_Y5 Ann POAUdEs &a& consWeWty pAVLT OF TH5 NAILDING Section 6 ! 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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CLARINDA FAIR SUBDIVISION DATED: RECORDED: INSTRUMENT NO. KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Lamplighter Associates, an Idaho General Partnership, does hereby certify and declare that all the lands embraced within the Clarinda Fair Subdivision, Ada County, Idaho, and the plat thereof being duly recorded in the office of the County Recorder of Ada County, Idaho, and any conveyance describing any lot, par- cel, or plot herein by reference to any number of designation of said plat of said subdivision shall be subject to the restric- tions, covenants, and conditions hereinafter expressed, and that by the acceptance of any such conveyance, the Grantee or Grantees therein, and each of them, and their heirs, executors, adminis- trators or assigns, covenant and agree to and with the under- signed, and its assigns or successors, as to such property described in such conveyance as follows: All property and residential lots within Clarinda Fair according to the official plat thereof, on file in the office of the County Recorder, Ada County, State of Idaho, as shown by Book of plats at pages and records of Ada County, Idaho. RESTRICTIONS SECTION 1 - GENERAL PROVISIONS Lamplighter Associates, a General Partnership, herein referred to as the "Grantor," hereby declares that there is to be established a general plan for the development, improvements, maintenance and protection of the real property embraced within the boundaries of the CLARINDA FAIR referred to herein as "The Plat", and the Grantor does hereby establish this Declaration of Covenants, Conditions, and Restrictions, hereinafter called "Restrictions," as set forth in Sections 1 through 24 both AAclusive_ hereof. The Restrictions herein provided shall attach to and shall pass with the real property hereinbefore conveyed to the Grantee, and shall bind all persons who may at any time here- after and from time to time own or claim any right, title or in- terest in and to said real property, whether acquired through voluntary act or through operation of law. Now, therefore, Grantor hereby declares that all of the properties described above shall be held, sold, and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and -1- which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. The term "Grantor", wherever used herein, shall refer to Lamplighter Associates, a General Partnership, or any person or persons or corporation to whom the rights of the Grantor, as set forth in these Restrictions, shall be specifically trans- fe-rred. The term "Grantee", wherever used herein, shall refer to any person, corporation or association who shall hereafter assert of claim any right, title, claim or interest in and to the said real property, or any part and parcel thereof, whether as successors in title or otherwise, and whether voluntary or by operation of law. The Grantor hereby covenants for all of said property; and each Grantee by ratification of these covenants, conditions, and restrictions, or by acceptance of a deed or contract of pur- chase therefor, whether or not it shall be so expressed in any such deed or other conveyance or agreement for conveyance is deemed to covenant and agree to comply with and abide by these covenants, conditions and restrictions and agrees for himself, his heirs, administrators, and assigns to be bound by each of such covenants, restrictions, reservations, and servitudes jointly, separately and severally. Should the Grantee violate or attempt to violate any of the provisions of these Restrictions, Grantor, architectural con- trol committee, or any other person or persons owning any real property embraced in the Plat, at its or their option, shall have full power and authority to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of the said Restrictions, either to prevent him or them from so doing, to mandate compliance, or to recover damages sustained by reason of such violation. D( Should the Grantor employ counsel to enforce any of ���5 these restrictions, or right of repurchase, by reason of such violation, all costs incurred in such enforcement, including a reasonable fee for counsel, s all be paid by the owner of such fi lot or lots an All have a lien upon such lot or o to secure payment of a such accounts. The breach of any of these covenants, conditions, restrictions, or any repurchase by reason of such breach, shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value as to any lot or lots or por- tions of lots in such premises, but these covenants, conditions, reservations, and restrictions shall be binding upon and effec- tive against any such mortgagee or trustee or owner thereof, i whose title thereto or whose title is or was acquired by fore- closure, trustee's sale, or otherwise. No delay or omission on the part of the Grantor or the owners of other lots in the properties in exercising any rights, power, or remedy herein provided, in the event of any breach of the covenants, conditions, or restrictions herein contained, shall be construed as a waiver thereof or acquiescence therein, and no right of action be brought or maintained by anyone what- soever against the Grantor for or on account of his failure to bring any action on account of any breach of these Covenants, conditions, or restrictions herein which may be unenforceable by the Grantor. These covenants, conditions and restrictions, are cumu- lative, and all remedies provided herein for breach are in addi- tion to any rights and remedies provided by local or state laws, and not in lieu thereof. Invalidation of any provisions, sentence, or paragraph contained in the Restrictions by judgment or court order shall in no wise.affect of invalidate any of the other provisions, but the same shall be and remain in full force and effect. In the event the provisions of these Restrictions; are declared void by a court by reason of the period of time herein stated for which the same shall be effective, then in that event such terms shall be reduced to a period of time which shall not violate the rule against suspension of alienation as set forth in the laws of the State of Idaho. Approval by a city or county governing board, vested with the responsibility of reviewing planning and zoning having jurisdiction over this subdivision, of any application made by any Grantee which is in conflict with any covenants, conditions or restrictions of this Declaration shall in no wise affect or invalidate this Declaration, but thip Declaration shall remain in full force and effect, and subject to enforcement and remedies for violation hereof. SECTION 2 - LAND CLASSIFICATIONS AND DEFINITIONS a. Lot: A lot shall be any plot or tract described in the above recorded plat which is designated for residential construction and shall exclude those portions as described in Section 2-C.- 1. No residential lot shall be divided into two or more building sites. b. Building Site: A building site shall consist of at least (1) one of the residential tracts or lots as platted on said plat, or (2) a parcel composed of one or more such residential tracts or lots or portions thereof, the depth and frontage of which -3- parcel shall be similar to or exceed the depth and frontage of residential tracts on lots as platted in the same block or immediate vicinity, provided Grantor reserves the right to adjust said lot or tract lines so long as it is not in violation of applicable county or city regulations and in ac- cordance with the terms and conditions of these Restrictions and the purpose thereof. C. Common Area Lots: Lot 5, Block 3, is designated a common area lot. Said lot will be maintained by Clarinda Fair Homeowners' Association, as provided for in Clarinda Fair Homeowners' Association Agreement. d. Owner: Shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot, which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. e. Properties: Shall mean and refer to that certain real property described herein filed with refer- ence to lots and blocks in Clarinda Fair Sub- division. , „ +— f f. Single Family: An individual, doing his own cook- ing, and living upon the premises as a separate housekeeping unit, or a collectib* body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond as distinguished from a group occupying a boarding house, lodging house, club, fraternity or hotel. SECTION 3 - BUILDING RESTRICTIONS All lots and improvements thereon within said Subdivi- sion, except those parcels identified in Section 2-c above, shall be used exclusively for single family residential living .purposes and such uses as are customarily incidental thereto, unless oth erwise specified on a recorded plat or in a supplemental declara- tion covering a lot within said Subdivision: a. Except as provided in Section 2, no lot shall be improved except with a dwelling or residential structure or complex designed to accommodate no 0 s 0 more than a single family and its servants and occasional guests as customarily incidental to a residence designed and constructed in accordance with the provisions of these covenants relating to approval by an Architectural Committee and con- taining a floor area of not less than approved by the Architectural Committee. b. No structure or above ground improvements shall be permitted on any lot which are detached or sep- arated from the principal structure unless located within a reasonable compact area adjacent to the principal structure and unless designed as a sin- gle visual element connected or related visually with the principal structure by fencing or other architectural features and in accordance with other requirements of these covenants. C. No dwelling or residential structure and no other structure or. above -ground improvements shall rise more than two stories from the ground level unless approved by the Architectural Control Committee. d. No house trailer, tent, shack, unattached garage, barn or other outbuilding or structure shall be erected or placed on any lot within said subdivi- sion, except for construction and/or sales offices as provided by Section 5 herein. e. All residential building sites subject to the cov- enants shall remain of the size and dimensions shown upon the recorded plat referenced herein, save and except where a change may be made in con- nection with the reservations relative to such change made in accordance with the provisions of these covenants and the law thereunto appertain- ing. f. No house, garage, outbuildings, fence or other structure shall be built, erected, placed materi- ally altered or materially repared including with- out limitation the altering repair of surface colors or textures on any lot in the unit or sub- division unless and until the building plan speci- fications and plot plan have been reviewed in advance by the Architectural Committee and the same has been approved conditionally or otherwise. Said review and approval shall include without being restricted topography, finish ground eleva- tions, landscaping, drainage, color, material design, artistic conformity to the terrain and other residences in the area, 'and architectural symmetry. Said requirements as to the approval of the architectural design shall apply only to the -5- r: exterior appearance of said improvements. It shall not be the intent of these restrictions to control the interior layout or design of said structures. g. No building or structure shall be moved onto said real property from any land outside said plat except a new prefabricated structure of a type and design approved by the Architectural Control Com- mittee. h. Unless otherwise specifically approved in writing by a majority of the Architectural Control commit- tee, hereinafter provided for, no dwelling house or garage or any part thereof or any other struc- ture, (exclusive of fences and similar structures) shall be placed nearer than twenty (20) feet to the front or fifteen (15) feet to the rear of the building site on which it it located. No building foundation or wall shall be erected nearer than five (5) feet to any side lot line, and upon cor- ner lots all buildings shall be at least fifteen (15) feet from the side street line; this pro- vision shall also apply to garages or other build- ings located on the rear quarter of any lot. For the purpose of this covenant, eaves, sewer, steps, imn s gutters and open porches shall not be considered as a part of the building, PROVIDED, HOWEVER, that this shall not be construed to per- mit any portion of a building or any site to en- croach upon any other site. Where it is architec- turally possible, it is recommended that all garages be incorporated, in and made a part of the dwelling house. i. All buildings shall be of frame, stone, brick, concrete or block construction and, if other than brick or stone, shall be finished and painted and kept in good repair, and said property shall be used in such manner as to be inoffensive to any other property owners. SECTION 4 - APPROVAL OF PLANS Plans of all buildings and fences to be erected to any building site embraced in the plat. must be submitted to the Architectural Control Committee of not less than two members, hereinafter called "Committee", which shall exercise the rights herein reserved. Complete plans and specifications of all pro- posed buildings and structures, together with a detailed plan showing proposed location on*the particular building ;site, shall be submitted to the Committee before any construction or altera- tion is started, and such construction or alteration shall not be -6- i commenced until written a tee. pproval therefor is given by the Commit - No plan shall be deemed to have been approved by the Committee unless its approval is in writing executed by at least two members of the Committee, provided that approval shall be deemed given it the Committee fails to approve or disapprove a proposed change or to make additional requirements or request additional information within forty-five (45) days after a full and complete description of the proposed change has been fur- nished, in writing to the committee with a written and specific request for approval. It is understood that no plan will be given final approval until a qualified building contractor chosen by the Grantee has been submitted to the Committee for approval. Grantee agrees that the actions of the Committee shall be wholly discretionary and shall be binding upon Grantee whether exercised or not. As to all improvements, constructions and alterations upon any building site, the Committee shall have the right to refuse improvements, construction or alterations, which, in its opinion, are not suitable or desirable for any reason, aesthetic or otherwise. In so passing upon such design, the Committee shall have the privilege in the exercise of its discretion to take into consideration the suitability of the proposed building or other structure, the materials of which it is to be built, and the exterior color scheme in relation to the site upon which it is proposed to be erected. The Committee may also consider whether the proposed structure and design shall be in harmony with the surroundings, the effect of the building or other struc- ture or alterations therein as planned when viewed from the adja- cent or neighboring property, effect or impairment that said structure will have on the view of surrounding building sites, and any and all other factors, which, in the Committee's opinion, shall affect the desirability of such proposed structure, improvements or alterations. Actual construction shall strictly adhere with the plans and specifications as approved. Said Committee shall be composed of Howard B. Jenkins and Gregory P. Peterson, and their successors, and shall serve for the time and on conditions as the Grantor, in its sole dis- cretion, shall prescribe, provided that the Committee may appoint successor members from the residents in the Properties who shall serve as long as they are residents, and may also appoint resi- dents as successor members upon their resignation. Grantee specifically agrees with Grantor that such Com- mittee, its members, and the Grantor shall incur no liability for any omission or act by any of said above-named parties under Section 4. of these Restrictions. In the event of death or resignation of a member, the remaining member shall have full authority to act, and within a reasonable time after the occur- rence of such vacancy, shall appoint a replacement. -7- 0 0 Grantor reserves the right to construct residences and other improvements upon any residential lot building site in said subdivision, and to offer said lots, together with the completed residence and structures thereon, for sale to individual grantees. SECTION 5 - TEMPORARY STRUCTURES No structure of a temporary character, trailer, base- ment, tent, shack, garage, barn or other outbuilding shall be used on -any lot at any time as a residence either temporarily or permanently. However, for construction and/or sales purposes, a temporary or mobile construction and/or sales office of a size, fie• character and design approved by the Architectural Control Committee, maybe placed upon a lot within said subdivision dur- ing the period the Grantor or his authorized agent is selling building sites in the subdivision or any adjacent properties or subdivisions. SECTION 6 —PROSECUTION OF CONSTRUCTION WORK The construction of the dwelling house and structures shall be prosecuted diligently, continuously and without delays from time of commencement thereof until such dwelling house and structure are fully completed and painted. All structures shall be completed as to external appearance, including finished paint- ing, yard turfing and landscaping, within eight (8) months from the date of commencement of construction unless prevented by causes beyond the control of the Grantee and only for such time that such cause continues. SECTION 7 - WELLS, WATER SYSTEM AND COMMON AREAS �r a. Each lot and dwelling units) thereon sh/.water 1 be connected to the Meridian City municipal provided for and installed in said subdivision. Grantee shall be responsible for the hook-up fees, cost, charges and assessments and Grantor may �11i;m; �na funds advanced, if any to obtain pre - v construction J Each lot shall have access ssurized irrigation as provided for by Grantor. Maintenance of the pressurized irriga- tion system shall be the sole responsibility of Clarinda Fair Homeowners Association. ; 1. b. Initial design, landscape, and lighting of common area lots (as described in Section 2c) shall be provided by Grantor. Maintenance of said lots shall be the sole responsibility of Clarinda Fair Homeowners Association. -8- i 0 SECTION 8 - IRRIGATION Irrigation w ter from existing surface water rights to the properties is not provided and Grantor assumes no responsibil- ity for providing wa er for irrigation or lawn sprinkling except through the system installed as provided in Section 7. The Grantor has complied with the requirements of Idaho Code Section 31-3805. Subsection 1, regarding the transfer of irriga- tion'water rights from the Grantor's property. Deed transferring water rights recorded as Instrument No. in records of Ada County. SECTION .9 - OIL AND MINING OPERATIONS No`oil drilling, oil development operations, oil refin- ing, quarrying, or mining operations of any kind shall be permitted upon or in any lots, nor shall oil well, tanks tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall .be erected, maintained or permitted upon any lot. SECTION 10 - BATHROOM, SINK AND TOILET CONVENIENCES All bathroom sink and toilet facilities shall be con- n by underground pipes with the collection system lines of the Boise City Municipal Sewer System, its successors or assigns, or such other corporation, association or company which may be legally qualified to operate and maintain such sewage collection system lines. SECTION 11 - SEWAGE DISPOSAL No individual sewage disposal system shall be permitted on any residential lot or parcel in said subdivision. All sewage disposal shall be through an underground collection system approved by and constructed to the standards of State and local health authorities. Sewage effluent shall be collected from the Subdivision by the Meridian City Municipal Sewer System, the hook-up fees, costs, charges and assessments for which shall be the responsibility of Grantee, and Grantor may recover funds advanced, if any, to obtain preliminary construction. SECTION 12'- REFUSE DISPOSAL, STORAGE OR MATERIALS No machinery, vehicles, appliance or structure or un- sightly material may be stored upon the real property, nor shall trash, garbage, ashes or other refuse be thrown, dumped, burned or otherwise disposed of upon the real property. No building material of any kind shall be placed or stored upon a building site until the Grantee is ready to and able to commence -9- 0 0 construction, and then such materials shall belaced within ithin the property line of the building site upon which structure is to be erected. The Grantor shall have the right to enter upon any vacant building site for the purposes of burning or removing weeds, brush, growth or refuse at the expense of the Grantee. SECTION 13 - FENCES AND HEDGES No fence, hedge or boundary wall situated upon a build- ing site shall be constructed except upon approval of the Com- , mittee as provided in covenants. Chain-link fences are hereby prohibited on any residential parcel, except where required by the Grantor or a public agency to secure utility sites, irriga- tion or drainage facilities or other public use as deemed neces- sary, or when required to secure and screen the recreation facilities. All other fences shall be subject to the following criteria:, a. Design: Subject to dimensional and location cri- teria which follow, all fences which are placed on any residential parc shall be of "grape -stake" construction except t any fences in front yard areas. Hedges or o er solid screen planting may be used as lot line barriers subjIect to the said height restrictions as fences. b. Height and Location: No fence or hedge situated anywhere upon any building site shall have a height greater than six (6) feet or such other heights as the Architectural Committee may spec- ify, above the finished graded surface of the ground upon which such fence or hedge is situated. No fence or hedge, with an elevation above three (3) feet shall be permitted in front of building setback requirements or the front of the dwelling structure, whichever is greater, w'thout the prior special written consent of the Commi'�Etee. Sight Obstruction: No fence, hedge or shrub planting which obstructs sight lines at elevations between three (3) to eight (8). feet above the roadways shall be placed or permitted to remain on any corner lot within' the triangulararea formed by the street property lines and a line connecting them at points twenty: five (25) feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight -line limitations shall apply on' any lot with -06n , ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain -10- vwm w 0 0 �Y within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight -lines. d. Spite Fences: The construction or maintenance of a spite fences or spite tree shall be prohibited upon any building site. The termination by the Grantor that any wall, fence, hedge, or tree falls within the latter category shall be conclusive upon all parties. SECTION 14 - NOXIOUS USE OF PROPERTY No portion of the real property or of a building site shall be used for the conduct of any trade or business or the conduct of any trade or business or professional activities, and no noxious or undesirable act, or undesirable use of any portion of the real property shall be permitted or maintained. The Grantor shall have the unqualified right to determine whether any such act or activity is noxious or undesirable and such deter- mination shall be binding upon all parties including Grantee and his "successors in interest. SECTION 15 - BILLBOARDS, SIGNS No signs or billboards of any kind or for any use shall be erected, painted or displayed upon any of the real property. The names of resident owners of building sites may be displayed on a name and address plaque or sign if approval thereof is first obtained from the Committee. The Grantor reserves the right to display signs during the period the Grantor or his authorized agent is selling building sites. SECTION 16 - RESTRICTION AGAINST USE DETRIMENTAL TO NEIGHBORHOOD No part of any building site shall be used or occupied, as a residence or other, so as to have any injurious effect upon the use, occupancy or value of any adjacent premises for the usual and customary residence purpose as established by the man- ner of use in the general area or neighborhood. As to whether any use or occupancy violates the provisions of these covenants, Grantor and Architectural Control Committee in their sole dis- cretion, may make such determination based upon any reason, aes- thetic or otherwise, including failure to maintain the premises, that any activity or use violates this provision. This covenant shall attach to and pass with all property in said plat and be binding upon all persons who may from time to time own or claim any right, title or interest in and to any of said property. -11- SECTION 17 - EASEMENTS a. Whenever the wall of a structure, or a fence con- structed on a Building Lot under plans and speci- fications approved by the Architectural Committee Y is located within three (3) feet of the property line of such Building Lot, the Owner of such Building Lot is hereby granted an easement over and on the adjoining Building Lot (not to exceed (5) feet from the property line) for purposes of maintaining and repairing such wall or fence and eaves or the overhangs, and the Owner of such adjoining Building Lot is hereby granted an ease- ment for landscaping purposes over and on the area lying between the property line and such structure ..or fence so long as such use does not cause damage to structure of fence. b'. Telephone and electric Service: All lots shall be served by underground electrical and telephone lines. The Services shall be installed in road or easement right of way as platted. Each Grantee agrees at his sole expense to pay for costs and hook -on charges as established by the Idaho Power Company for the__.Wnderground sewer service facil- ities and t ountain States Telephone and Tele- ra h om any o aciliti.es, as a condition precedent to connecting thereto. Gran- it'' W for shall not be liable for the cost thereof but may recover funds advanced, if any, to obtain preliminary installation. C. The Grantor reserves such easements as shown and noted on said plat for the purpose of constructing water mains, drainage ponds,, drainage ditches, electric distribution lines, sewer lines, gas pipelines and such other public utilities as shall be necessary, convenient and desirable for the Grantees and owners of said lots and parcels henceforth. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. Within these easements,..no structure, planting or other material shall Abe placed or Mich tted to remain which may damage or interfere the installation and maintenance of utilities may change the direction of flow of water through drainage channels in the easements. -12- d. An easement is hereby granted to the Idaho Power Company, a corporation, its licenses, successors and assigns, a permanent and perpetual easement and right of way, sufficient in width to install and maintain an underground electric power line, including the perpetual right to enter upon the real estate hereinafter described, at all reason- able times, to construct, maintain and repair underground power lines, through, under and across said land, together with the right, at the sole expense of Grantee, to excavate and refill ditches and trenches for the location of said power lines, and the further right to remove trees, bushes, sod, flowers, shrubbery, and other obstructions and improvements, interfering with the location, construction and maintenance of said power lines on and across the following premises, belonging to the said owner in Ada County, State of Idaho, in the following location, to wit: In CLARINDA FAIR SUBDIVISION, Ada County, Idaho, a strip of land running from the street right-of-way or utility easements as shown on the plat to a point or points on said boundary line which are directly opposite from the electrical service entrance facilities on the building sites on each side of the boundary line; thence, strips of land each five (5) feet wide, one on each building site running directly from said point or points on the boundary line to the correspondingly opposite electrical service entrance facilities on the buildings constructed on said building sites. The actual building site may be a lot as shown on CLARINDA FAIR SUBDIVISION plat or a combina- tion of portions of lots intended to comprise a building site. The electrical system generally will consist of buried power wire, transformers, junction boxes and other equipment, part of which may extend above ground, necessary to serve electric power to these premises and adjacent premises. SECTION 18 - GENERAL COVENANTS a. Occupancy Limitations: No dwelling or residence on any lot or other property area created under any Supplemental Declaration shall be used for living purposes by more persons than it was designed to accommodate comfortably. -13- ' b. Maintenance of Property: All property within the Subdivision and all All on any such property shall be kept and maintained by the owner thereof in clean, safe, attractive, and sightly condition and in good repair. C. No Hazardous Activities: No activities shall be conducted on any property within the Subdivision and no improvements construction on any such property which are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon such property; and no open fires shall be lighted or permitted on such property except in a self contained barbecue unit while ..attended and in use for cooking purposes or within a safe and well designed interior fireplace. d'. No: Unsightliness: No unsightliness shall be permitted on any property within the Subdivision. Without limiting the generality of the foregoing, all unsightly structures, facilities, equipment, objects and conditions shall be enclosed within an approved structure or appropriately screened from view. Trailers, recreational vehicles, trucks, boats, campers, garden or maintenance equipment, or any other vehicles other than automobiles, shall be kept at all times except when in actual use, in an enclosed structure or screened from view. Refuse, garbage and trash shall be kept at all times in a covered, noiseless container and any such container shall be kept within an en- closed structure or appropriately screened from view of adiacert dwellingsand S ts.1 Service _—� areas, storage pii-es,, compost piles and facilities u� for hanging, drying, or airing clothing or house- hold fabrics shall be appropriately screened from view. Pipes for water, gas, sewer, drainage or other purposes and wires, poles, antennae and other facilities for the transmission or reception of audio or visual signals and gas, oil, water or other tanks, shall be screened from view or loca- ted below the surface of the ground; and no lumber, grass, shrub or tree clippings or plant waste, metals, bulk materials, or scrap '.or refpse or trash shall be kept, stored or allowed to accum- ulate on any such property. Notwithstanding. the foregoing, if at any time of the accupancy of any approved structure, connections to a nearby under- ground electricity line, telephone line, or television cable is not available, then temporary poles or wires for the case may be installed to a reasonable necessary height provided that they -14- shall be promptly removed at the expense of the owner after the availability of connections to nearby underground lines or cables, and, at any time, a television antenna to receive a signal from a booster or translator, no larger or more conspicuous than is necessary, may be installed, but if possible shall be installed in the attic or garage. . No working or commercial vehicles of 3/4 ton or greater, recreational vehicle, trailer or boat, shall regularly or as a matter of practice be y„ parked upon any building site nor on the street .' adjacent thereto, unless properly garaged, or un- less stored in the back yard, screened from view from the adjacent public right-of-way. No ve- hicles of any kind shall regularly or as a mtter of practice be parked on the 'street adjacent to any lot. e. No out building, recreation vehicle, trailer, boat, camper, pet pen, or any other unsightly object, shall be built, stored or parked within ` twenty (20) feet of the park. f. No Annoying Lights, Sounds, or Odors: No light shall be emitted from any property within the Subdivision which is unreasonably bright or causes unreasonable glare; no sound shall be emitted on any property which is unreasonably loud or annoy- ing and no odor shall be emitted on any property which is noxious or offensive to others. g. Restrictions on Animals: No animals, birds, insects or livestock shall be kept on any property within the Subdivision eXcept: domesticated dogs, cats or other common household pets which do not reasonably bother or constitute a nuisance to others and on such portions of ,roads and other public ways or easements as may be designated or permitted for such use from time to time by Gran- tor. No dogs or cats in excess of t�hre� shall, .be kept by any residential household wi_t in said Sub- division and no animals of any kind shall be bred or kept for commercial purposes. All dogs must be 'leashed when outside a dwelling unit. h. Restrictions on Signs: No signs or advertising devices of any nature shall be erected or main- tained on any property within the Subdivision except as necessary to identify the ownership ..of such property and its address; or to who such property is for sale or for rent; or as may be -15- necessary or desirable to give direction, advice or rules and regulations or caution or warn of danger; and such signs as may be otherwise re- quired by law.Any signs which are itted under the foregoing restrictions shall be ermerected or maintained on such property only with the prior written approval of the Committee, which a shall be given only if such signs shall app vof attractive design in keeping with the scenic and rustic nature of such property and shall be small in size as as is reasonably possible and shall be placed or located as directed or a the Committee. Nothing herein shallprohibi pproved by Grantor from using signs to advertise the develop- ment and construction of the Properties. i• Other Restrictions for Additional Areas: Grantor, by any Supplemental Declaration, ma restrictions or alter these restrictions pas eto tthe prbperty within the Subdivision or property to be added to the Subdivision hereafter. ]• CoOhstruction Period Exception: During the course of actual construction of any permitted structures or improvements, the restrictions contained in this Declaration or in any Supplemental Declara- tion shall be deemed waived sary to to the extent neces- permit such construction and that, during course provided the of nothin such construction, g is done which will result in a violation Of these restrictions upon completion of construc- tion. SECTION 19 - REQUIRED WITHIN THE SUBDIVISION APPROVAL OF ALL CHANGES OF nEST(_M7kmTnwt a• Criteria for Approval: The Grantor shall have c mplete discretion to approve or disc cange in the existing state of PProve any rowithin the Subdivision, but shall exercise suchy discre- tion with the following objectives in mind among-, others: To carry out the general purposes ex- pressed in this, Declaration; to prevent violation of any specific provision of this Declaration or any Supplemental Declaration; to prevent t any change which would be unsafe or hazardousto an person or property; to' .miniraze obstruction or diminution of the view of others; visual continuity of the area and to o preserve marked or unnecessary prevent a on and unimproved areas, and any Asharp etween definioimprovedof boundaries of property ownership; to assure that any -16- 0 changes will be of good and attractive design and in harmony with the natural setting of the area and will serve to preserve and enhance eNisting features of natural beauty; to assure that materials and workmanship for all improvements are of high quality comparable to other improvements in the are; and to assure that any change will require as little maintenance as possible so as to assure a better appearing area under all conditions. b. Conditions Precedent to Approval: Prior to expen- ditures of any substantial time or funds in plan- ning of any proposed change in the existing state of property within the Subdivision, the owner of such property, other than Grantor, shall advise the Committee in writing of the general nature of the proposed change; shall, if, requested by the Committee, meet with 'a member or members of the Committee to discuss, the proposed change; shall read or become familiar with any guides or guide- lines which may have been prepared or formulated by the Committee; and shall, if requested by the Committee, furnish the Committee with preliminary plans and specifications for comment and review. After the nature and scope of a proposed change in existing state of such property is determined and prior to the commencement of work to accomplish such change, the Committee shall be furnished in duplicate, by such property owner, other than Grantor, with a complete and full description of the proposed change in writing and with a plot plan covering the particular lot, or other pro- perty, drawn to such, scale as may be reasonable by the Committee. Where buildings or other improve- ments which reasonably require plans and specifi- cations be prepared by a practicing' draftsman and a fee of $100.00 shall be paid to the Committee to cover costs and expenses of review; $75.00 of the fee may be waived by the Committee in its discre- tion if the plans and specifications 'furnished are prepared by a practicing draftsman. Prior to giving approval to a proposed change in the exis- ting state of property, at least one member of the Committee shall physically inspect the property. No proposed change in the existing state of. pro- perty shall be deemed to have been approved by the Committee unless its approval is in writing executed by at least two members of the Committee, providing that approval shall be deemed given it the Committee fails to approve or disapprove a proposed change -,or to make additional requirement or request additional information within forty- five (45) days after a full and complete description -17- 9 • of the proposed change has been furnished in writing to the Committee with a written and specific request for approval. C. Prosecution of Work After Approval: After approval by the Committee of any proposed change of designation of property within the Subdivision, the proposed change shall be accomplished as promptly and diligently as possible and in com- plete conformity with the description of the pro- posed change and any plans and specifications therefor given to the Committee. Failure to ac- complish the change within the six months after the date of approval (subject to strikes and acts of God) or to complete the proposed change strictly in accordance with the description thereof and plans and. specifications therefor shall operate to automatically revoke the approval of the proposed change and upon demand by the Com- mittee, such property shall be restored as nearly as possible to its state existing prior to any work in connection with the proposed change. The Committee and its duly appointed agents may enter upon such property at any reasonable time or times to inspect the progress or status changes in the existing state of such property being made or which may have been made. The Committee shall have the right and authority to record a notice to show that any particular change in the existing state of property has not been approved or that any approval given has been autcmatically revoked. SECTION 20 - ASSOCIATION MEMBERSHIP AND VOTING RIGHTS a. "Association" shall mean and refer to Clarinda Fair Homeowners Association, a non-profit organization, or any successor or assign of the Association. b. Every Owner of a Lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot. C. The Association shall have two (2) classes of voting membership: Class A: The Class A members shall be all owners, wits h the exception of the Grantor (during the period when the Grants is a Class B member). Each Class A member shall be entitled to one (1) vote for each Lot owned. When more than one (1) person holds an interest in anyLot, all such persons shall -18- be members. The vote for such Lot shall be exer- cised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot. Class B: The sole Class B member shall be the Grantor, who shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be automatically converted to Class A memberships (one Class A membership for each lot owned) when the total votes outstanding in Class A memberships equal the total votes outstanding int he Class B membership. SECTION 21 - COVENANT FOR ASSESSMENTS a. Creation of the Lien and Personal Obligation of Assessments: The Grantor, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agrees to pay to the Association: 1. Annual assessments or charges; and 2. Special assessments for capital improvements; such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs -of collection and reasonable attorney fees incurred in collection shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with inter- est, costs and reasonable attorney fees, shall also be the personal obligation of the. person who was the Owner of such Lot at the time when the assessment falls due. The personal obligation for delinquent assessments shall not pass to -his suc- cessors in title unless expressly assumed by them, but unpaid assessments shall constitute a contin- uing lien against the Lot until paid. b. Purpose of Assessments: The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, welfare and economic well-being of the residents in the Project and for the improvement, operation and maintenance of the Common Area and Common Facilities. -19- C. Maximum Annual Assessment: Until January of the year immediately following the year in which the conveyance of the first Lot to an Owner occurs, the maximum annual assessment shall be Sixty Dollars ($60.00) per lot. The annual assessment may be made payable (by action of the Board of Directors of the Association) on a monthly basis, one -twelfth per month, or on a quarterly basis, one-fourth per quarter, in advance. Increases in the amount of the annual assessment shall be limited as follows: 1. Each year, beginning with the calendar year. beginning January 1 of the year immediately following the year in which the conveyance of the first Lot to an Owner occurs, the maximum annual assessment may be increased effective as of that January 1, (and each year thereafter) by action o�c the Board of Directors of the Association without a vote of the membership, by an amount of not more than fifteen percent (15%) above the prior year's assessment. 2. For the calendar year beginning January 1 immediately following the year in which the conveyance of the first Lot to an Owner occurs, or an subsequent year, the maximum annual assessment ma be increased more than fifteen percent (15%) above the prior year's assessment only by an affirmative vote of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. d. Special Assessments for Capital Improvements: In addition to the annual assessments authorized above, the Association may levy in any calendar year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruc- tion, repair or replacement of a capital improve- ment upon the Common Area, including fixtures and personal property related thereto, provided thdt any such assessment shall have the assent- of two- thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting 0j duly called for this purpose. i� Notice and Quorum for Any Action Authorized Under Sec 'o 3' aad—V: Written notice of any meeting �I I called for the purpo king any action l ,j Gj under Sections 3 (b) or 4 of this Article V be sent G. 2 'rty (30) days nor more than sixty (60) days in -20- advance of the meeting. At such meeting the presence of members in person or by proxy entitled to cast fifty-one percent (51%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, the meeting shall be adjourned and rescheduled for a time and place not less than ten (10) days nor more than thirty (30) day subsequent. Written notice of the rescheduled meeting shall be mailed to all members not less than five (5) days in advance of the rescheduled meeting date. The required quorum at the subsequent meeting shall be satisfied by th presence in person or by proxy of twenty-five percent (25%) of each class of membership. f. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots; provided, however, that assess- ments for Lots which have not been improved with a dwelling unit or out -buildings shall be assessed at one-half (1/2) of the assessment for Lots which have been improved with a dwelling unit or out- buildings. A lot shall be deemed improved with a dwelling unit or out -building when such structure is occupied or substantially completed. g. Date of Commencement of Annual Assessments; Due Dates: The annual assessments prcvided for herein shall commence as to all Lots on the first day of the month following the initial conveyance of a Lot by Grantor to a purchaser. The first annual assessment shall be adjusted (pro rata) according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment at least thirty (30) days in advance of each annual assessment period; provided, however, that in the event of an assessment proposed in excess of the authority of the Board of Directors, the amount of such assessment in excess of the Board's authority shall not be effective until membership approval.. Written notice of the annual assessment shall be sent to every Owner subject thereto. 'The due dates shall be established by the Board of Directors. The Association shall, upon demand and; for a reasonable charge, furnish a certificate,.' signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. -21- h. Effect of Nonpayment of Assessments; Remedies of the Association: Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of ten percent (108) per annum or at such other interest rate as may be established annually by the Board of Directors. Each assessment, when levied, shall automatically constitute a lien on and against the Lot to which the assessment pertains, without any requirement of filing any documentation of such lien. Nonetheless, the Association may file an Affidavit of Lien evidencing such lien thirty (30) days after the due date of the assessment. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the assessment lien against the Property, in the same manner as provided by law as to statutory materialmen's liens. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. i. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessment thereafter becoming due or from the lien thereof. SECTION 22 - TERM OF RESTRICTIONS These restrictions shall run with the land described herein, and shall be binding upon the parties hereto and all successors in title or interest to said real property or any part thereof, until January 1, 2010, at which time said restrictions shall be automatically extended for successive periods of ten (10) years unless the owner or owners of the legal title to not less than two-thirds of the platted residence tracts or platted lots, by an instrument or instruments in writing, duly signed and acknowledged by them, shall then terminate or become effective upon the filing of such instrument or instruments for record in the office of the Recorder, of Ada County, Idaho. Such instrument or instruments shall contain proper references by volume and page numbers to the records of the plats and record of this deed in -22- R which these Restrictions are set forth, and all amendments thereof. LAMPLIGHT ASSOCIATES By HOWARD B. JENKINS STATE OF IDAHO 1 ss. County of Ada ) SUBSCRIBED AND SWORN to before me this day of , 1990. Notary Public for Idaho Residing at My Comm. expires: -23- El June 25, 1990 Mayor Council Members Attorney Engineer Attached are the covenants on Clarinda Fair for your review. These will be on the agenda. for July 3, 1990: Jack Niemann City Clerk COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS. ROBERT GIESLER MAX YERRINGTON Chairman Zoning & Planning JIM JOHNSON 10 HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS JACK NICEGAA ,Trea Treasurer JANICE GASS, Treasurer CITY OF MERIDIAN BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO EARL WARD, Waste Water Supt. MERIDIAN, IDAHO 83642 KENNY BOWERS, Fire Chief BILL GORDON, Police Chief Phone 888-4433 GARY SMITH, City Engineer GRANT P. KINGSFORD Mayor June 25, 1990 Mayor Council Members Attorney Engineer Attached are the covenants on Clarinda Fair for your review. These will be on the agenda. for July 3, 1990: Jack Niemann City Clerk COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS. ROBERT GIESLER MAX YERRINGTON Chairman Zoning & Planning JIM JOHNSON DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CLARINDA FAIR SUBDIVISION DATED: RECORDED: INSTRUMENT NO. KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Lamplighter Associates, an Idaho General Partnership, does hereby certify and declare that all the lands embraced within the Clarinda Fair Subdivision, Ada County, Idaho, and the plat thereof being duly recorded in the office of the County Recorder of Ada County, Idaho, and any conveyance describing any lot, par- cel, or plot herein by reference to any number of designation of said plat of said subdivision shall be subject to the restric- tions, covenants, and conditions hereinafter expressed, and that by the acceptance of any such conveyance, the Grantee or Grantees therein, and each of them, and their heirs, executors, adminis- trators or assigns, covenant and agree to and with the under- signed, and its assigns or successors, as to such property described in such conveyance as follows: All property and residential lots within Clarinda Fair according to the official plat thereof, on file in the office of the County Recorder, Ada County, State of Idaho, as shown by Book of plats at pages and records of Ada County, Idaho. RESTRICTIONS SECTION 1 - GENERAL PROVISIONS Lamplighter Associates, a General Partnership, herein referred to as the "Grantor," hereby declares that there is to be established a general plan for the development, improvements, maintenance and protection of the real property embraced within the boundaries of the CLARINDA FAIR referred to herein as "The Plat", and the Grantor does hereby establish this Declaration of Covenants, Conditions, and Restrictions, hereinafter called "Restrictions," as set forth in Sections 1 through 24 both inclusive hereof. The Restrictions herein provided shall attach to and shall pass with the real property hereinbefore conveyed to the Grantee, and shall bind all persons who may at any time here- after and from time to time own or claim any right, title or in- terest in and to said real property, whether acquired through voluntary act or through operation of law. Now, therefore, Grantor hereby declares that all of the properties described above shall be held, sold, and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and -1- which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. The term "Grantor", wherever used herein, shall refer to Lamplighter Associates, a General Partnership, or any person or persons or corporation to whom the rights of the Grantor, as set forth in these Restrictions, shall be specifically trans- ferred. The term "Grantee", wherever used herein, shall refer to any person, corporation or association who shall hereafter assert of claim any right, title, claim or interest in and to the said real property, or any part and parcel thereof, whether as successors in title or otherwise, and whether voluntary or by operation of law. The Grantor hereby covenants for all of said property; and each Grantee by ratification of these covenants, conditions, and restrictions, or by acceptance of a deed or contract of pur- chase therefor, whether or not it shall be so expressed in any such deed or other conveyance or agreement for conveyance is deemed to covenant and agree to comply with and abide by these covenants, conditions and restrictions and agrees for himself, his heirs, administrators, and assigns to be bound by each of such covenants, restrictions, reservations, and servitudes jointly, separately and severally. Should the Grantee violate or attempt to violate any of the provisions of these Restrictions, Grantor, architectural con- trol committee, or any other person or persons owning any real property embraced in the Plat, at its or their option, shall have full power and authority to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of the said Restrictions, either to prevent him or them from so doing, to mandate compliance, or to recover damages sustained by reason of such violation. Should the Grantor employ counsel to enforce any of these restrictions, or right of repurchase, by reason of such violation, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the owner of such lot or lots, and the Grantor shall have a lien upon such lot or lots to secure payment of all such accounts. The breach of any of these covenants, conditions, restrictions, or any repurchase by reason of such breach, shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value as to any lot or lots or por- tions of lots in such premises, but these covenants, conditions, reservations, and restrictions shall be binding upon and effec- tive against any such mortgagee or trustee or owner thereof, whose title thereto or whose title is or was acquired by fore- closure, trustee's sale, or otherwise. No delay or omission on the part of the Grantor or the owners of other lots in the properties in exercising any rights, power, or remedy herein provided, in the event of any breach of the covenants, conditions, or restrictions herein contained, shall be construed as a waiver thereof or acquiescence therein, and no right of action be brought or maintained by anyone what- soever against the Grantor for or on account of his failure to bring any action on account of any breach of these Covenants, conditions, or restrictions herein which may be unenforceable by the Grantor. These covenants, conditions and restrictions, are cumu- lative, and all remedies provided herein for breach are in addi- tion to any rights and remedies provided by local or state laws, and not,in lieu thereof. Invalidation of any provisions, sentence, or paragraph contained in the Restrictions by judgment or court order shall in no wise affect of invalidate any of the other provisions, but the same shall be and remain in full force and effect. In the event the provisions of these Restrictions; are declared void by a court by reason of the period of time herein stated for which the same shall be effective, then in that event such terms shall be reduced to a period of time which shall not violate the rule against suspension of alienation as set forth in the laws of the State of Idaho. Approval by a city or county governing board, vested with the responsibility of reviewing planning and zoning having jurisdiction over this subdivision, of any application made by any Grantee which is in conflict with any covenants, conditions or restrictions of this Declaration shall in no wise affect or invalidate this Declaration, but this Declaration shall remain in full force and effect, and subject to enforcement and remedies for violation hereof. SECTION 2 - LAND CLASSIFICATIONS AND DEFINITIONS a. Lot: A lot shall be any plot or tract described in the above recorded plat which is designated for residential construction and shall exclude those portions as described in Section 2-C. 1. No residential lot shall be divided into two or more building sites. b. Building Site: A building site shall consist of at least (1) one of the residential tracts or lots as platted on said plat, or (2) a parcel composed of one or more such residential tracts or lots or portions thereof, the depth and frontage of which -3- 0 • parcel shall be similar to or exceed the depth and frontage of residential tracts on lots as platted in the same block or immediate vicinity, provided Grantor reserves the right to adjust said lot or tract lines so long as it is not in violation of applicable county or city regulations and in ac- cordance with the terms and conditions of these Restrictions and the purpose thereof. C. Common Area Lots: Lot 5, Block 3, is designated a common area lot. Said lot will be maintained by Clarinda Fair Homeowners' Association, as provided for in Clarinda Fair Homeowners' Association Agreement. d. Owner: Shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot, which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. e. Properties: Shall mean and refer to that certain real property described herein filed with refer- ence to lots and blocks in Clarinda Fair Sub- division. f. Single Family: An individual, doing his own cook- ing, and living upon the premises as a separate housekeeping unit, or a collection body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond as distinguished from a group occupying a boarding house, lodging house, club, fraternity or hotel. -SECTION 3 - BUILDING RESTRICTIONS All lots and improvements thereon within said Subdivi- sion, except those parcels identified in Section 2-c above, shall be used exclusively for single family residential living purposes and such uses as are customarily incidental thereto, unless oth erwise specified on a recorded plat or in a supplemental declara- tion covering a lot within said Subdivision: a. Except as provided in Section 2, no lot shall be improved except with a dwelling or residential structure or complex designed to accommodate no -4- more than a single family and its servants and occasional guests as customarily incidental to a residence designed and constructed in accordance with the provisions of these covenants relating to approval by an Architectural Committee and con- taining a floor area of not less than approved by the Architectural Committee. b. No structure or above ground improvements shall be permitted on any lot which are detached or sep- arated from the principal structure unless located within a reasonable compact area adjacent to the principal structure and unless designed as a sin- gle visual element connected or related visually with the principal structure by fencing or other. architectural features and in accordance with other requirements of these covenants. C. No dwelling or residential structure and no other structure or above -ground improvements.shall rise more than two stories from the ground level unless approved by the Architectural Control Committee. d. No house trailer, tent, shack, unattached garage, barn or other outbuilding or structure shall be erected or placed on any lot within said subdivi- sion, except for construction and/or.sales offices as provided by Section 5 herein. e. All residential building sites subject to the cov- enants shall remain of the size and dimensions shown upon the recorded plat referenced herein, save and except where a change may be made in con- nection with the reservations relative to such change made in accordance with the provisions of these covenants and the law thereunto appertain- ing. f. No house, garage, outbuildings, fence or other structure shall be built, erected, placed materi- ally altered or materially repared including with- out limitation the altering repair of surface colors or textures on any lot in the unit or sub- division unless and until the building plan speci- fications and plot plan have been reviewed in advance by the Architectural Committee and the same has been approved conditionally or otherwise. Said review and approval shall include without being restricted topography, finish ground eleva- tions, landscaping, drainage, color, material design, .artistic conformity to the terrain and other residences in the area, and architectural symmetry. Said requirements as to the approval of the architectural design shall apply only to the -5- exterior appearance of said improvements. It shall not be the intent of these restrictions to control the interior layout or design of said structures. g. No building or structure shall be moved onto said real property from any land outside said plat except a new prefabricated structure of a type and design approved by the Architectural Control Com- mittee. h. Unless otherwise specifically approved in writing by a majority of the Architectural Control Commit- tee, hereinafter provided for, no dwelling house or garage or any part thereof or any other struc- ture, (exclusive of fences and similar structures) shall be placed nearer than twenty (20) feet to the front or fifteen (15) feet to the rear of the building site on which it it located. No building foundation or wall shall be erected nearer than five (5) feet to any side lot line, and upon cor- ner lots all buildings shall be at least fifteen (15) feet from the side street line; this pro- vision shall also apply to garages or other build- ings located on the rear quarter of any lot. For the purpose of this covenant, eaves, sewer, steps, chimneys, gutters and open porches shall not be considered as a part of the building, PROVIDED, HOWEVER, that this shall not be construed to per- mit any portion of a building or any site to en- croach upon any other site. Where it is architec- turally possible, it is recommended that all garages be incorporated in and made a part of the dwelling house. i. All buildings shall be of frame, stone, brick, concrete or block construction and, if other than brick or stone, shall be finished and painted and kept in good repair, and said property shall be used in such manner as to be inoffensive to any other property owners. SECTION 4 - APPROVAL OF PLANS Plans of all buildings and fences to be erected to any building site embraced in the plat.must be submitted to the Architectural Control Committee of not less than two members, hereinafter called "Committee", which shall exercise the rights herein reserved. Complete plans and specifications of all pro- posed buildings and structures, together with a detailed plan showing proposed location on the particular building site, shall be submitted to the Committee before any construction or altera- tion is started, and such construction or alteration shall not be -6- commenced until written approval therefor is given by the Commit- tee. No plan shall be deemed to have been approved by the Committee unless its approval is in writing executed by at least two members of the Committee, provided that approval shall be deemed given it the Committee fails to approve or disapprove a proposed change or to make additional requirements or request additional information within forty-five (45) days after a full and complete description of the proposed change has been fur- nished in writing to the committee with a written and specific request for approval. It is understood that no plan will be given final approval until a qualified building contractor chosen by the Grantee has been submitted to the Committee for approval. Grantee agrees that the actions of the Committee shall be wholly discretionary and shall be binding upon Grantee whether exercised or not. As to all improvements, constructions and alterations upon any building site, the Committee shall have the right to refuse improvements, construction or alterations, which, in its opinion, are not suitable or desirable for any reason, aesthetic or otherwise. In so passing upon such design, the Committee shall have the privilege in the exercise of its discretion to take into consideration the suitability of the proposed building or other structure, the materials of which it is to be built, and the exterior color scheme in relation to the site upon which it is proposed to be erected. The Committee may also consider whether the proposed structure and design shall be in harmony with the surroundings, the effect of the building or other struc- ture or alterations therein as planned when viewed from the adja- cent or neighboring property, effect or impairment that said structure will have on the view of surrounding building sites, and any and all other factors, which, in the Committee's opinion, shall affect the desirability of such proposed structure, improvements or alterations. Actual construction shall strictly adhere with the plans and specifications as approved. Said Committee shall be composed of Howard B. Jenkins and Gregory P. Peterson, and their successors, and shall serve for the time and on conditions as the Grantor, in its sole dis- cretion, shall prescribe, provided that the Committee may appoint successor members from the residents in the Properties who shall serve as long as they are residents, and may also appoint resi- dents as successor members upon their resignation. Grantee specifically agrees with Grantor that such Com- mittee, its members, and the Grantor shall incur no liability for any omission or act by any of said above-named parties under Section 4 of these Restrictions. In the event of death or resignation of a member, the remaining member shall have full authority to act, and within a reasonable time after the occur- rence of such vacancy, shall appoint a replacement. -7- 0 • Grantor reserves the right to construct residences and other improvements upon any residential lot building site in said subdivision, and to offer said lots, together with the completed residence and structures thereon, for sale to individual grantees. SECTION 5 - TEMPORARY STRUCTURES No structure of a temporary character, trailer, base- ment, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. However, for construction and/or sales purposes, a temporary or mobile construction and/or sales office of a size, the character and design approved by the Architectural Control Committee, may be placed upon a lot within said subdivision dur- ing the period the Grantor or his authorized agent is selling building sites in the subdivision or any adjacent properties or subdivisions. SECTION 6 - PROSECUTION OF CONSTRUCTION WORK The construction of the dwelling house and structures shall be prosecuted diligently, continuously and without delays from time of commencement thereof until such dwelling house and structure are fully completed and painted. All structures shall be completed as to external appearance, including finished paint- ing, yard turfing and landscaping, within eight (8) months from the date of commencement of construction unless prevented by causes beyond the control of the Grantee and only for such time that such cause continues. SECTION 7 - WELLS, WATER SYSTEM AND COMMON AREAS a. Each lot and dwelling unit(s) thereon shall be connected to the Meridian City municipal water provided for and installed in said subdivision. Grantee shall be responsible for the hook-up fees, cost, charges and assessments and Grantor may recover funds advanced, if any to obtain pre- liminary construction. Each lot shall have access to pressurized irrigation as provided for by Grantor. Maintenance of the pressurized irriga- tion system shall be the sole responsibility of Clarinda Fair Homeowners Association. b. Initial design, landscape, and lighting of common area lots (as described in Section 2c) shall be provided by Grantor. Maintenance of said lots shall be the sole responsibility of Clarinda Fair Homeowners Association. -8- SECTION 8 - IRRIGATION Irrigation water from existing surface water rights to the properties is not provided and Grantor assumes no responsibil- ity for providing water for irrigation or lawn sprinkling except through the domestic water system installed as provided in Section 7. The Grantor has complied with the requirements of Idaho Code Section 31-3805. Subsection 1, regarding the transfer of irriga- tion water rights from the Grantor's property. Deed transferring water rights recorded as Instrument No. in records of Ada County. SECTION 9 - OIL AND MINING OPERATIONS No oil drilling, oil development operations, oil refin- ing, quarrying, or mining operations of any kind shall be permitted upon or in any lots, nor shall oil well, tanks tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. SECTION 10 - BATHROOM, SINK AND TOILET CONVENIENCES All bathroom sink and toilet facilities shall be con- nected by underground pipes with the collection system lines of the Boise City Municipal Sewer System, its successors or assigns, or such other corporation, association or company which may be legally qualified to operate and maintain such sewage collection system lines. SECTION 11 - SEWAGE DISPOSAL . No individual sewage disposal system shall be permitted on any residential lot or parcel in said subdivision. All sewage disposal shall be through an underground collection system approved by and constructed to the standards of State and local health authorities. Sewage effluent shall be collected from the Subdivision by the Meridian City Municipal Sewer System, the hook-up fees, costs, charges and assessments for which shall be the responsibility of Grantee, and Grantor may recover funds advanced, if any, to obtain preliminary construction. SECTION 12-- REFUSE DISPOSAL, STORAGE OR MATERIALS No machinery, vehicles, appliance or structure or un- sightly material may be stored upon the real property, nor shall trash, garbage, ashes or other refuse be thrown, dumped, burned or otherwise disposed of upon the real property. No building material of any kind shall be placed or stored upon a building site until the Grantee is ready to and able to commence -9- 0 . CW CENTRAL DISTRICT HEALTH DEPARTMENT MAIN OFFICE • 1455 N. Orchard • Boise, Idaho 83706 • (208) 375-5211 90-258 Serving Ada Boise, Elmore,aC uints March 14, 1990 Boise County Office 1455 N. Orchard Boise,ID375--5211 Nursing: 35211 Mr. John Bastida Environmental Ada County Recorder Health: 375-5230 650 Main Street Boise, ID 83702 Elmore County Office 520 E. 81h street N. Re: Clarinda Fair Mountain Home, ID 83647 587-4407 Dear Mr. Bast ida: Elmore County Office Central District Health Department, Environmental Health of Environmental Health Division, has reviewed and can approve the final plat on this 198 s.4th tain nStreet Home,, e MounHosubdivision for central water and central sewer facilities. III B3647 Final approval was given on March 14, 1990. 587.9225 No lot size may be reduced without prior approval of the health Valley County Office authority. P.O. Box 1448 McCall, ID 83638 634-7194 Sincerely, Thomas E. Schmalz, E.H.S. Sr. Environmental Health Specialist cc: Lamplighter Assoc. J. J. Howard Meridian City Public Works Ada County Building Dept. HUD Tom Turco, Director of Environmental Health TS:bls • 0 SUBDIVISION EVALUATION SHEET (Recommendations Only!!) Proposed Subdivision Name: CLAC MDA F i le No. jUfV-Ap 1a 1,J Date Reviewed: ZJ I Preliminary Stage: Final :_ The following SUBDIVISION NAME is approved by the Ada.0n ty Ineer or his designee per the requirements of the IDAHO STATE CODE. J 10 IIJDA Al2 X, !1; - //X17 The street name comments listed below are made by the - rs of he ADA COUNTY STREET NAME COMMITTEE (under the direction of the Adaunty Engineer) regarding this subdivision. TIAo f..11..,..%rA. VVI -41A k "Iv-oA- nniwvlS SkAJ1 a,anP&r nn 44te DI&F as' •� i I +h STV-S9T .W EST M :�7T A -Te S -f "€ T 1.0 W AVE -KL uP-'f f r WHITE LIL`( AVEQUG $1 The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee, in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AGENCY Ada County Engineer Ada Planning Assoc. Local Fire Dept. Terri Raynor Representative SENTAT I VES : Cy( DESIGNEES *******NOTE**********A COPY OF THIS EVALUATION SHEET MUST SE PRESENTED TO THE ADA COUNTY ENGINEER AT THE TIME OF SIGNING THE "FINAL PLAT", OTHERWISE, THE PLAT WILL NOT BE SIGNED!!!!!!!!! TP:kaw/DATA! E3 � b6t" A1'i v i a a 6. 1 The Regular Meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M.: Members Present: Ron Tolsma, Bob Giesler, Mert Myers, Max Yerrington: Others Present: Jo Corey, Judy Hanson, Karen Linden, Court Henson, Cyndi Machkovch, Peter Michaelson, Wayne Crookston, Rosie Stirm, Glenda & Kenneth Koch, Wilma Blair, Wa a Skiver, Jack Smith, Bill Gordon, Dedra Stirm, K. Buemeler, Moe Alidjani, Tim Hepper, yn Wayne Crookston, Clint Shuyler, Howard Jenkins, Pat GorMan, Dan Hobdey: The Motion was made by Tolsma and seconded by Giesler to approve of the Minutes of the previous meeting held January 16, 1990 as written: Motion Carried: All Yea: econded by Myers to approve of the Minutes of the The Motion was made by Giesler and s Special Meeting held January 29, 1990 as written: Motion Carried: All Yea: sford read a Proclamation Declaring the Week of February 4-10, 1990 as Mayor King National School Counseling Week: Mayor Kingsford read a Proclamation declaring the week of February 11-17, 1990 as Business Professionals of America Week: ITEM #1: PUBLIC HEARING: FINAL PLAT ON CLAIRINDA FAIR (FORMERLY CLEARMONT FAIR): Kingsford: At this time I will open the Public Hearing, is there anyone present who wishes to offer testimony? Being no response, the Public Hearing was closed. The Motion was made by Tolsma and seconded by Giesler to approve the Final Plat for Clairinda Fair Subdivision: Motion Carried: All Yea: ITEM #2: PRE -TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES: You in writing, if you choose to, you have the right Kingsford: This is to inform y or and City Council, to a pre -termination hearing at 7:30 P.M. 2/6/90 Before the May to appear in person to be judged on facts and defend the claim made by the City that s delinquent. You may retain Counsel. Is there your water, sewer, and trash bill i anyone present who wishes to contest mathaipe8ltor'havesever, thetrash decisioniofutheyCity They are hereby informed that they y p pursuant to Idaho Code. Even though reviewed by the Fourth Judicial District Court, they appeal the water will be shut off. The Motion was made by Yerrington and seconded by Tolsma to approve the turn off list. Motion Carried: All Yea: Kingsford: The turn off amount for this month is $5,813.06. FINAL PLAT CLAIRINDA FAIR SUBDIVISION FORMERLY CLEARMONT FIAR COMMENTS 1: CENTRAL DISTRICT HEALTH: CAN APPROVE WITH CENTRAL WATER & SEWER: 2: NAMPA MERIDIAN IRRIGATION: ALL LATERALS & WASTEWAYS MUST BE PROTECTED: DRAINAGE MUST BE RETAINED ON SITE: 3: IDAHO POWER COMPANY: PLAT SATISFAC'T'ORY TO THEM: 4: CITY ENGINEER: SEE ATTACHED COMMENTS: 5: SEWER DEPARTMENT: INCLUDED IN ENGINEERS COMMENTS: 6: BUILDING DEPARTMENT: ALL LO'S'S APPEAR BUILDABLE: RECOMMEND APPROVAL: 7: POLICE DEPARTMENT: NO PROBLEMS: NOISIAICMS 2IIVJ V MICrd= W W Z 0Z W LO ti LO U o Z� M OCO N COM 0 ti M 00 2 Q W N m ON • Honorable Mayor City Council Members City of Meridian 35 E. Idaho Meridian, Idaho 83642 RE: CLEARMONT FAIR AKA CLAIRINDA FAIR Dear Mr. Mayor, City Council Members, • February 1, 1990 This letter is to inform you of a recent name change imposed by the County Engineer. Clearmont Fair sounded too similiar to Claremont Height and we were told to select another name for the subdivision. From this date on Clearmont Fair is renamed as CLAIRINDA FAIR. Thank you for your consideration in this matter. Sincerely, YI.J Howard, P.E.,L.S. lb, •• i; H •• r K FA 0 Pr r a �w I1 CENTRAL DISTRICT HEALTH DEPARTMENT ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Return to: Boise Rezone # Eagle _ Conditional A,---Fleridian L/ Preltina5liShort /Platp Kuna �1749-P V�NS ACZ 1. _ We have no objections to this proposal. 2. _ We recommend denial of this proposal. 3. _ Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. 4. _ We will require more data concerning soil conditions on this proposal before we can comment. 5. _ We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can comment concerning individual sewage disposal. 6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. 7. v We can approve this proposal for: V Central sewage Interim sewage _Individual sewage _ Community sewage system and 4 -Central water Individual water _ Community water well. 8. Plans for '-central sewage _Com unity sewage system Sewage dry lines, and ✓Central water _Community water must be submitted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9. '� Street runoff is not to create a mosquito breeding problem. 10. _ This department would recomnend deferral until high seasonal ground water can be determined if other considerations indicate approval. 11. _ If restroom facilities are to be installed then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 12. _ We will require plans be submitted for a plan review for any (food establishment)(beverage establishment)(swinming pools or spas)(grocery store). 13. 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EG • rsJ � � rt •' R+ N rt �' • fes•• 'wo v d r � co A It A ti d A b R cn A A 04 W A A W O O 9 A d C+ it. 0 ro H ODm n •• N x •• K .. ro N r a �w O ct F-� In N l0 O. 0 ro H ODm n •• N x •• M ro S r a �w ct �• �• �) I I I I I I� ( I I I I ( I I rt rt crrrr W! lonA mkvp�~1rt �rr N Fn•• O �, � 0 d � rt Fd- W� W K W. cc rr � .-. r• rs � C M O a r. �•• ►a1 a v $ rat f+ rr �i �• lo - 100" v Or rt r• Oo fp wr► w Oo r - N rr• ~ rt• 9 rrr W. :r rt r• rr• rt N r fCD � 1%• r�r s�j Ort N �rt I I I I I I( I( I a rt ft n 0° oo n n O rt r. i o'er y cn IOM co .. rt w In rt °l - 9 rr 1 1� BE 0 M (i o o rq d w a� .. frJ • N � r• �) ( I I I ( I � ( I I ( fp rt �.. r. .� E••� ► r• W A RFS 7rt K ►r n rr ^v rt 04 R c �' rr n m it w v r � C�j7 C� n ro �j "" � D � ID � M •• Z n rt lot p, n - 00En M �, a hj H °Cl K rnCA k ko0 v� CD. C�j7 C� n ro �j "" � D � ID � M •• Z n rt lot p, n - 00En M �, a hj H °Cl K 0 • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m. on February 6, 1990, for the purpose of reviewing and considering the Application of Howard and Sharon Jenkins, for a final plat of the parcel of ground in the SE 1/4 of the NW 1/4, Section 12, T. 3 N., R. 1 W., Boise Meridian, Ada County, Idaho, which is West of 8th Street and North of Pine Street. A more particular legal description of the above property is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment will be taken and is welcome. DATED this 15th day of January, 1990. JACK! NIEMA/, CITY CLERK AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8864481 W rt n �r • � n fD n m rt wwwW. &I rtO W n H ro H O 00 51 'PSI 'wv a `r o n a o n ati I I F0 n •. all m I H M A Fl a w B+ rtrt a trtD a? o rt aj n ro w a s "C i �• �° O w o s g Ba o • n S a• N �; r w x g r -- a n r" a o n v C W. a �n a v W. Ar da�pp n A m r HG- ct rt w w ►� rr� y rorr tnp Coq it, 7 aro � � H Z f�D iD H R� ,<o t'n rS ►c v K rt E n W rt n �r • � n fD n m rt wwwW. &I rtO W n H ro H O 00 51 'PSI 'wv a `r o n a o n ati I I F0 I�a Rw w d�► r► QQQH N v n •. ? m I H M Fl a aj 1 O N Q, N r I�a Rw w d�► r► QQQH N v cc W W Z 0 Z W 0 Z H J Z O U ti LO 0 4 RT M 00 0 N M 0 ti M 00 Q W N m H N v N M Z ca N cD N City Council Members Meridian City hall 33 E. Idaho Meridian, Idaho 83642 RE: CLEARMONT FAIR Dear Council Members, January 4, 1990 This letter serves to give notice that we are applying for approval of the Final Plat of Clearmont Fair. We are in the process of meeting the requirements and/or conditions of the preliminary plat approval according to the following: 1. The final plat reflects the adjustment made on the west boundary line, so that the existing irrigation ditch remains on Mr. Navarro's land. A Quitclaim Deed has been prepared and is being processed for recording deeding 4271 Sq. Ft. to Mr. Navarro from Mr. Jenkins. 2. The developers have opted to construct a pressurized irrigation system. Lot 5, Block 3 has been set aside for drilling a well. 3. An appropriate monitoring device - ie, head - gate, will be installed for the existing irriga- ditch fronting Pine Ave. Said ditch will be tiled the length of our project fronting Pine Ave. 4. The drainage ditch running along the north boundary will be tiled and a trash rack installed near the Northeast corner of the subdivision. 5. Plans showing all improvements to existing irrigation and drainage, plus construction draw- ings of the pressurized irrigation system will be sent to mr. Smith for approval. The strictest conformance in regards to acceptable engineering, surveying practices and local standards will be met during all phases of this development. Sincerely, k 9Y. Howard, P.E., L. S. INJ. J. HOWAFO CONSULTING ENGINEEF* 2626 N.3'lrldST. BOISE IDAHO 83703 (208) 344-0574 �rjG�r�o construction, and then such materials shall be placed within the property line of the building site upon which structure is to be erected. The Grantor shall have the right to enter upon any vacant building site for the purposes of burning or removing weeds, brush, growth or refuse at the expense of the Grantee. SECTION 13 - FENCES AND HEDGES No fence, hedge or boundary wall situated upon a build- ing site shall be constructed except upon approval of the Com- mittee as provided in covenants. Chain-link fences are hereby prohibited on any residential parcel, except where required by the Grantor or a public agency to secure utility sites, irriga- tion or drainage facilities or other public use as deemed neces- sary, or when required to secure and screen the recreation facilities. All other fences shall be subject to the following criteria: a. Design: Subject to dimensional and location cri- teria which follow, all fences which are placed on any residential parcel shall be of "grape -stake" construction except that any fences in front yard areas. Hedges or other solid screen planting may be used as lot line barriers subject to the said height restrictions as fences. b. Height and Location: No fence or hedge situated anywhere upon any building site shall have a height greater than six (6) feet or such other heights as the Architectural Committee may spec- ify, above the finished graded surface of the ground upon which such fence or hedge is situated. No fence or hedge, with an elevation above three (3) feet shall be permitted in front of building setback requirements or the front of the dwelling q structure, whichever is greater, without the prior Cspecial written consent of the Committee. C. Sight Obstruction: No fence, hedge or shrub planting which obstructs sight lines at elevations between three (3) to eight (8)- feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty' -five (25) feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight -line limitations shall apply on any lot with ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain -10- within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight -lines. d. Spite Fences: The construction or maintenance of a spite fences or spite tree shall be prohibited upon any building site. The termination by the Grantor that any wall, fence, hedge, or tree falls within the latter category shall be conclusive upon all parties. SECTION 14 - NOXIOUS USE OF PROPERTY No portion of the real property or of a building site shall be used for the conduct of any trade or business or the conduct of any trade or business or professional activities, and no noxious or undesirable act, or undesirable use of any portion of the real property shall be permitted or maintained. The Grantor shall have the unqualified right to determine whether any such act or activity is noxious or undesirable and such deter- mination shall be binding upon all parties including Grantee and his successors in interest. SECTION 15 - BILLBOARDS, SIGNS No signs or billboards of any kind or for any use shall be erected, painted or displayed upon any of the real property. The names of resident owners of building sites may be displayed on a name and address plaque or sign if approval thereof is first obtained from the Committee. The Grantor reserves the right to display signs during the period the Grantor or his authorized agent is selling building sites. SECTION 16 - RESTRICTION AGAINST USE DETRIMENTAL TO NEIGHBORHOOD No part of any building site shall be used or occupied, as a residence or other, so as to have any injurious effect upon the use, occupancy or value of any adjacent premises for the usual and customary residence purpose as established by the man- ner of use in the general area or neighborhood. As to whether any use or occupancy violates the provisions of these covenants, Grantor and Architectural Control Committee in their sole dis- cretion, may make such determination based upon any reason, aes- thetic or otherwise, including failure to maintain the premises, that any activity or use violates this provision. This covenant shall attach to and pass with all property in said plat and be binding upon all persons who may from time to time own or claim any right, title or interest in and to any of said property. -11- SECTION 17 - EASEMENTS a. Whenever the wall of a structure, or a fence con- structed on a Building Lot under plans and speci- fications approved by the Architectural Committee is located within three (3) feet of the property line of such Building Lot, the Owner of such Building Lot is hereby granted an easement over and on the adjoining Building Lot (not to exceed (5) feet from the property line) for purposes of maintaining and repairing such wall or fence and eaves or the overhangs, and the Owner of such adjoining Building Lot is hereby granted an ease- ment for landscaping purposes over and on the area lying between the property line and such structure or fence so long as such use does not cause damage to structure of fence. b. Telephone and electric Service: All lots shall be served by underground electrical and telephone lines. The services shall be installed in road or easement right of way as platted. Each Grantee agrees at his sole expense to pay for costs and hook -on charges as established by the Idaho Power Company for the underground sewer service facil- ities and to Mountain States Telephone and Tele- graph Company for telephone facilities, as a condition precedent to connecting thereto. Gran- tor shall not be liable for the cost thereof but may recover funds advanced, if any, to obtain preliminary installation. C. The Grantor reserves such easements as shown and noted on said plat for the purpose of constructing water mains, drainage ponds,. drainage ditches, electric distribution lines sewer lines, gas pipelines and such other public utilities as shall be necessary, convenient and desirable for the Grantees and owners of said lots and parcels henceforth. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere wtih the installation and maintenance of utilities or which may change the direction of flow of water through drainage channels in the easements. -12- d. An easement is hereby granted to the Idaho Power Company, a corporation, its licenses, successors and assigns, a permanent and perpetual easement and right of way, sufficient in width to install and maintain an underground electric power line, including the perpetual right to enter upon the real estate hereinafter described, at all reason- able times, to construct, maintain and repair underground power lines, through, under and across said land, together with the right, at the sole expense of Grantee, to excavate and refill ditches and trenches for the location of said power lines, and the further right to remove trees, bushes, sod, flowers, shrubbery, and other obstructions and improvements, interfering with the location, construction and maintenance of said power lines on and across the following premises, belonging to the said owner in Ada County, State of Idaho, in the following location, to wit: In CLARINDA FAIR SUBDIVISION, Ada County, Idaho, a strip of land running from the street right-of-way or utility easements as shown on the plat to a point or points on said boundary line which are directly opposite from the electrical service entrance facilities on the building sites on each side of the boundary line; thence, strips of land each five (5) feet wide, one on each building site running directly from said point or points on the boundary line to the correspondingly opposite electrical service entrance facilities on the buildings constructed on said building sites. The actual building site may be a lot as shown on CLARINDA FAIR SUBDIVISION plat or a combina- tion of portions of lots intended to comprise a building site. The electrical system generally will consist of buried power wire, transformers, junction boxes and other equipment, part of which may extend above ground, necessary to serve electric power to these premises and adjacent premises. SECTION 18 - GENERAL COVENANTS a. Occupancy Limitations: No dwelling or residence on any lot or other property area created under any Supplemental Declaration shall be used for living purposes by more persons than it was designed to accommodate comfortably. -13- b. Maintenance of Property: All property within the Subdivision and all improvements on any such property shall be kept and maintained by the owner thereof in clean, safe, attractive, and sightly condition and in good repair. C. No Hazardous Activities: No activities shall be conducted on any property within the Subdivision and no improvements construction on any such property which are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon such property; and no open fires shall be lighted or permitted on such property except in a self contained barbecue unit while attended and in use for cooking purposes or within a safe and well designed interior fireplace. d. No Unsightliness: No unsightliness shall be permitted on any property within the Subdivision. Without limiting the generality of the foregoing, all unsightly structures, facilities, equipment, objects and conditions shall be enclosed within an approved structure or appropriately screened from view. Trailers, recreational vehicles, trucks, boats, campers, garden or maintenance equipment, or any other vehicles other than automobiles, shall be kept at all times except when in actual use, in an enclosed structure or screened from view. Refuse, garbage and trash shall be kept at all times in a covered, noiseless container and any such container shall be kept within an en- closed structure or appropriately screened from view of adjacent dwellings and streets. Service areas, storage piles, compost piles and facilities for hanging, drying, or airing clothing or house- hold fabrics shall be appropriately screened from view. Pipes for water, gas, sewer, drainage or other purposes and wires, poles, antennae and other facilities for the transmission or reception of audio or visual signals and gas, oil, water or other tanks, shall be screened from view or loca- ted below the surface of the ground; and no lumber, grass, shrub or tree clippings or plant waste, metals, bulk materials, or scrap or refuse or trash shall be kept, stored or allowed to accum- ulate on any such property. Notwithstanding. the foregoing, if at any time of the accupancy of any approved structure, connections to a nearby under- ground electricity line, telephone line, or television cable is not available, then temporary poles or wires for the case may be installed to a reasonable necessary height provided that they -14- 0 . shall be promptly removed at the expense of the owner after the availability of connections to nearby underground lines or cables, and, at any time, a television antenna to receive a signal from a booster or translator, no larger or more conspicuous than is necessary, may be installed, but if possible shall be installed in the attic or garage. No working or commercial vehicles of 3/4 ton or greater, recreational vehicle, trailer or boat, shall regularly or as a matter of practice be parked upon any building site nor on the street adjacent thereto, unless properly garaged, or un- less stored in the back yard, screened from view from the adjacent public right-of-way. No ve- hicles of any kind shall regularly or as a mtter of practice be parked on the 'street adjacent to any lot. e. No out building, recreation vehicle, trailer, boat, camper, pet pen, or any other unsightly object, shall be built, stored or parked within twenty (20) feet of the park. f. No Annoying Lights, Sounds, or Odors: No light shall be emitted from any property within the Subdivision which is unreasonably bright or causes unreasonable glare; no sound shall be emitted on any property which is unreasonably loud or annoy- ing and no odor shall be emitted on any property which is noxious or offensive to others. g. Restrictions on Animals: No animals, birds, insects or livestock shall be kept on any property within the Subdivision encept domesticated dogs, cats or other common household pets which do not reasonably bother or constitute a nuisance to others and on such portions of roads and other public ways or easements as may be designated or permitted for such use from time to time by Gran- tor. No dogs or cats in excess of three shall be kept by any residential household within said Sub- division and no animals of any kind shall be bred or kept for commercial purposes. All dogs must be 'leashed when outside a dwelling unit. h. Restrictions on Signs: No signs or advertising devices of any nature shall be erected or main- tained on any property within the Subdivision except as necessary to identify the ownership of such property and its address; or to who such property is for sale or for rent; or as may be -15- s 0 necessary or desirable to give direction, advice or rules and regulations or caution or warn of danger; and such signs as may be otherwise re- quired by law. Any signs which are permitted under the foregoing restrictions shall be erected or maintained on such property only with the prior written approval of the Committee, which approval shall be given only if such signs shall be of attractive design in keeping with the scenic and rustic nature of such property and shall be as small in size as is reasonably possible and shall be placed or located as directed or approved by the Committee. Nothing herein shall prohibit Grantor from using signs to advertise the develop- ment and construction of the Properties. i. Other Restrictions for Additional Areas: Grantor, by any Supplemental Declaration, may impose other restrictions or alter these restrictions as to the property within the Subdivision or property to be added to the Subdivision hereafter. j. Construction Period Exception: During the course of actual construction of any permitted structures. or improvements, the restrictions contained in this Declaration or in any Supplemental Declara- tion shall be deemed waived to the extent neces- sary to permit such construction and provided that, during the course of such construction, nothing is done which will result in a violation of these restrictions upon completion of construc- tion. SECTION 19 - REQUIRED APPROVAL OF ALL CHANGES OF DESIGNATION WITHIN THE SUBDIVISION a. Criteria for Approval: The Grantor shall have complete discretion to approve or disapprove any change in the existing state of property within the Subdivision, but shall exercise such discre- tion with the following objectives in mind among others: To carry out the general purposes ex- pressed in this, Declaration; to, prevent violation of any specific provision of this Declaration or any Supplemental Declaration; to prevent any change which would be unsafe or hazardous to any person or property; to -.minimize obstruction or diminution of the view of others; to preserve visual continuity of the area and to prevent a marked or unnecessary transition between improved and unimproved areas and any sharp definition of boundaries of property ownership; to assure that any -16- • changes will be of good and attractive design and in harmony with the natural setting of the area and will serve to preserve and enhance eXisting features of natural beauty; to assure that materials and workmanship for all improvements are of high quality comparable to other improvements in the are; and to assure that any change will require as little maintenance as possible so as to assure a better appearing area under all conditions. b. Conditions Precedent to Approval: Prior to expen- ditures of any substantial time or funds in plan- ning of any proposed change in the existing state of property within the Subdivision, the owner of such property, other than Grantor, shall advise the Committee in writing of the general nature of the proposed change; shall, if, requested by the Committee, meet with a member or members of the Committee to discuss, the proposed change; shall read or become familiar with any guides or guide- lines which may have been prepared or formulated by the Committee; and shall, if requested by the Committee, furnish the Committee with preliminary plans and specifications for comment and review. After the nature and scope of a proposed change in existing state of such property is determined and prior to the commencement of work to accomplish such change, the Committee shall be furnished in duplicate, by such property owner, other than Grantor, with a complete and full description of the proposed change in writing and with a plot plan covering the particular lot, or other pro- perty, drawn to such scale as may be reasonable by the Committee. Where buildings or other improve- ments which reasonably require plans and specifi- cations be prepared by a practicing draftsman and a fee of $100.00 shall be paid to the Committee to cover costs and expenses of review; $75.00 of the fee may be waived by the Committee in its discre- tion if the plans and specifications furnished are nrenared by a nracticina draftsman_ Prior to giving approval to a proposed change in the exis- ting state of property, at least one member of the Committee shall physically inspect the property. No proposed change in the existing state of pro- perty shall be deemed to have been approved by the Committee unless its approval is in writing executed by at least two members of the Committee, providing that approval shall be deemed given it the Committee fails to approve or disapprove a proposed change or to make additional requirement or request additional information within forty- five (45) days after a full and complete description -17- of the proposed change has been furnished in writing to the Committee with a written and specific request for approval. C. Prosecution of Work After Approval: After approval by the Committee of any proposed change of designation of property within the Subdivision, the proposed change shall be accomplished as promptly and diligently as possible and in com- plete conformity with the description of the pro- posed change and any plans and specifications therefor given to the Committee. Failure to ac- complish the change within the six months after the date of approval (subject to strikes and acts of God) or to complete the proposed change strictly in accordance with the description thereof and plans and. specifications therefor shall operate to automatically revoke the approval of the proposed change and upon demand by the Com- mittee, such property shall be restored as nearly as possible to its- state existing prior to any work in connection with the proposed change. The Committee and its duly appointed agents may enter upon such property at any reasonable time or times to inspect the progress or status changes in the existing state of such property being made or which may have been made. The Committee shall have the right and authority to record a notice to show that any particular change in the existing state of property has not been approved or that any approval given has been automatically revoked. SECTION 20 - ASSOCIATION MEMBERSHIP AND VOTING RIGHTS a. "Association" shall mean and refer to Clarinda Fair Homeowners Association, a non-profit organization, or any successor or assign of the Association. b. Every Owner of a Lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of .any Lot. C. The Association shall have two (2) classes of voting membership: Class A: The Class A members shall be all owners, wits h the exception of the Grantor (during the period when the Grants is a Class B member) . Each Class A member shall be entitled to one (1) vote for each Lot owned. When more than one (1) person holds an interest in anyLot, all such person shall -18- • • be members. The vote for such Lot shall be exer- cised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot. Class B: The sole Class B member shall be the Grantor, who shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be automatically converted to Class A memberships (one Class A membership for each lot owned) when the total votes outstanding in Class A memberships equal the total votes outstanding int he Class B membership. SECTION 21 - COVENANT FOR ASSESSMENTS a. Creation of the Lien and Pe Assessments: The Grantor, within the Property, hereby Owner of any Lot by acceptanc whether or not it shall be deed, is deemed to covenant the Association: rsonal Obligation of for each Lot owned covenants, and each e of a deed therefor, so expressed in such and agrees to pay to 1. Annual assessments or charges; and 2. Special assessments for capital improvements; such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs of collection and reasonable attorney fees incurred in collection shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with inter- est, costs and reasonable attorney fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment fails due. The personal obligation for delinquent assessments shall not pass to his suc- cessors in title unless expressly assumed by them, but unpaid assessments shall constitute a contin- uing lien against the Lot until paid. b. Purpose of Assessments: The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, welfare and economic well-being of the residents in the Project and for the improvement, operation and maintenance of the Common Area and Common Facilities. -19- C. Maximum Annual Assessment: Until January of the year immediately following the year in which the conveyance of the first Lot to an Owner occurs, the maximum annual assessment shall be Sixty Dollars ($60.00) per lot. The annual assessment may be made payable (by action of the Board of Directors of the Association) on a monthly basis, one -twelfth per month, or on a quarterly basis, one-fourth per quarter, in advance. Increases in the amount of the annual assessment shall be limited as follows: 1. Each year, beginning with the calendar year beginning January 1 of the year immediately following the year in which the conveyance of the first Lot to an Owner occurs, the maximum annual assessment may be increased effective as of that January 1, (and each year thereafter) by action or the Board of Directors of the Association without a vote of the membership, by an amount of not more than fifteen percent (15%) above the prior year's assessment. 2. For the calendar year beginning January 1 immediately following the year in which the conveyance of the first Lot to an Owner occurs, or and subsequent year, the maximum annual assessment may be increased more than fifteen percent (15%) above the prior year's assessment only by an affirmative vote of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. d. Special Assessments for Capital Improvements: In addition to the annual assessments authorized above, the Association may levy in any calendar year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruc- tion, repair or replacement of a capital improve- ment upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two- thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. e. Notice and Quorum for Any Action Authorized Under Sections 3 and 4: Written notice of any meeting called for the purpose of taking any action authorized under Sections 3(b) or 4 of this Article VII shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in -20- advance of the meeting. At such meeting the presence of members in person or by proxy entitled to cast fifty-one percent (51%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, the meeting shall be adjourned and rescheduled for a time and place not less than ten (10) days nor more than thirty (30) day subsequent. Written notice of the rescheduled meeting shall be mailed to all members not less than five (5) days in advance of the rescheduled meeting date. The required quorum at the subsequent meeting shall be satisfied by th presence in person or by proxy of twenty-five percent (25%) of each class of membership. f. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots; provided, however, that assess- ments for Lots which have not been improved with a dwelling unit or out -buildings shall be assessed at one-half (1/2) of the assessment for Lots which have been improved with a dwelling unit or out- buildings. A lot shall be deemed improved with a dwelling unit or out -building when such structure is occupied or substantially completed. g. Date of Commencement of Annual Assessments; Due Dates: The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the initial conveyance of a Lot by Grantor to a purchaser. The first annual assessment shall be adjusted (pro rata) according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment at least thirty (30) days in advance of each annual assessment period; provided, however, that in the event of an assessment proposed in excess of the authority of the Board of Directors, the amount of such assessment in excess of the Board's authority shall not be effective until membership approval. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand and for. a reasonable charge, furnish a certificate,, signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. -21- h. Effect of Nonpayment of Assessments; Remedies of the Association: Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of ten percent (10%) per annum or at such other interest rate as may be established annually by the Board of Directors. Each assessment, when levied, shall automatically constitute a lien on and against the Lot to which the assessment pertains, without any requirement of filing any documentation of such lien. Nonetheless, the Association may file an Affidavit of Lien evidencing such lien thirty (30) days after the due date of the assessment. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the assessment lien against the Property, in the same manner as provided by law as to statutory materialmen's liens. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. i. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessment thereafter becoming due or from the lien thereof. SECTION 22 - TERM OF RESTRICTIONS These restrictions shall run with the land described herein, and shall be binding upon the parties hereto and all successors in title or interest to said real property or any part thereof, until January 1, 2010, at which time said restrictions shall be automatically extended for successive periods of ten (10) years unless the owner or owners of the legal title to not less than two-thirds of the platted residence tracts or platted lots, by an instrument or instruments in writing, duly signed and acknowledged by them, shall then terminate or become effective upon the filing of such instrument or instruments for record in the office of the Recorder' of Ada County, Idaho. Such instrument or instruments shall contain proper references by volume and page numbers to the records of the plats and record of this deed in -22- • 0 which these Restrictions are set forth, and all amendments thereof. LAMPLIGHT ASSOCIATES By HOWARD B. JENKINS STATE OF IDAHO ss. County of Ada ) SUBSCRIBED AND SWORN to before me this day of , 1990. Notary Public for Idaho Residing at My Comm. expires: -23- SANITARY SEWER LINE EASEMENT THIS INDENTURE, made this _______ day of _______________, 19__, between JOHN AND GLORIA NAVARRO, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, State of Idaho, a municipal corporation, the party of the second part, and hereinafter called the Grantee; WITNESSETH WHEREAS, the Grantors desire to provide a sanitary sewer line right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW THEREFORE, in consideration of the benefits to be received by the Grantors, and for the sum of _ T�~Dollars (L.LZ_`__) and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: A strip of land being 20 feet wide whose centerline lies 145 feet south of and parallel to the north line of the following described parcel of land: That portion of the SW 1/4 SE 1/4 NW 1/4, Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho \ described as follows: Commencing at a Brass Cap marking the ^x r ,(111/corner common to Sections 11 and 12, T.3%, R. 1W. , B.M. ; thence, V S.89048'45"E. 1335.12 feet along the Latitudinal Center Line of said Section 12, which is also the centerline of West Pine Avenue, to a point; thence, N.0003'01"W. 30.00 feet to a point on the north right-of-way of said West Pine Avenue, said point being the REAL POINT OF BEGINNING; thence, continuing N.0003"01"W. 632.72 feet to a point; thence, N.89050'00"W^ 5.00 feet to a point; thence, S.0016`00"W. 632.71 feet to a point on said north right-of-way of West Pine Avenue; thence along said right-of-way, S.89048145"E. 8.5 feet to the REAL POINT OF BEGINNING, said parcel containing 0.098 acres, more or less. Together with all water, water rights, ditches and ditch rights 4 ^ ^ ~ �� �N�^ ��� �� appurtenant thereto or connected therewith. The easement hereby granted is for the purpose of operation of a sanitary sewer line and allied facilities by the Grantor, together with their maintenance, repair, and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the said Grantors hereunto subscribed their signatures the day and year first hereinabove written. GRANTORS: ---------------------------- JOHN ________________________JOHN NAVARRO GLORIA NAVARRO STATE OF IDAHO) COUNTY OF ADA > On this _____ day of _________________, 19___, before me, the undersigned, a Notary Public in and for said State, personally appeared John and Gloria Navarro, husband and wife, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ------------------------------- Notary Public for Idaho Residing at: __________________ Expires: ______________________ 5 -*^ - ° SANITARY SEWER LINE EASEMENT THIS INDENTURE, made this _______ day of _______________, 19__, between MICHAEL M. CAMMANN AND GERALD W. VORLICKY, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, State of Idaho, a municipal corporation, the party of the second part, and hereinafter called the Grantee; WITNESSETH WHEREAS, the Grantors desire to provide a sanitary sewer line right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW THEREFORE, in consideration of the benefits to be received by the Grantors, and for the sum of _T���Dollars (2\_���__) and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: A strip of land being 20 feet wide whose centerline lies 145 feet south of and parallel to the north line of the following described parcel of land: '/ That portion of the SW 1/4 NW 1/4, Section 12, Township 3 ~ ^ North, Range 1 West, Boise Meridian, Ada County, Idaho described '�^as follows: Beginning at the W 1/4 corner of said Section 12; - thence North 89056` East 330 feet to the TRUE PLACE OF BEGINNING; thence North 89056` East 330 feet; thence North 660 feet; thence South 89056` West 330 feet; thence South 660 feet to the place of beginning. EXCEPT: The South 30 feet thereof, being that portion granted to Ada County Highway District in that Deed recorded January 25, 1977, under Instrument Number 7703465, records of Ada County, Idaho. The easement hereby granted is for the purpose of operation of a sanitary sewer line and allied facilities by the Grantor, together with their maintenance, repair, and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. 6 TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the said Grantors hereunto subscribed their signatures the day and year first hereinabove written. ________________________ MICHAEL _ M. CAMMANN STATE OF IDAHO) COUNTY OF ADA ) -------------------------- GERALD ________________________GERALD W. VORLICKY On this day of _________________, 19___, before me, the undersigned, a Notary Public in and for said State, personally appeared Michael M. Cammann, a married man and Gerald W. Vorlicky, a married man, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at: __________________ Expires: ______________________ 7 SANITARY SEWER LINE EASEMENT THIS INDENTURE, made this _______ day of ____, 19__° between JOHN AND GLORIA NAVARRO, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, State of Idaho, a municipal corporation, the party of the second part, and hereinafter called the Grantee; WITNESSETH WHEREAS, the Grantors desire to provide a sanitary sewer line right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW THEREFORE, in consideration of the benefits to be received �. by the Grantors, and for the sum of `r Dollars and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: A strip of land being 20 feet wide whose centerline lies 145 feet south of and parallel to the north line of the following described parcel of land: That portion of the S 1/2 SW 1/4 NW 1/4, Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho described � as follows: Beginning at the W 1/4 corner of said Section 12; thence North 89056' East 660 feet to the TRUE PLACE OF BEGINNING; thence North 89056' East 660 feet; thence North 660 feet; thence South 89056' West 660 feet; thence South 660 feet to the place of beginning. Together with all water, water rights, ditches and ditch rights appurtenant thereto or connected therewith. The easement hereby granted is for the purpose of operation of a sanitary sewer line and allied facilities by the Grantor, together with their maintenance, repair, and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto - ' ~ ����� 0 the said Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the said Grantors hereunto subscribed their signatures the day and year first hereinabove written. GRANTORS: JOHN NAVARRO GLORIA NAVARRO STATE OF IDAHO) COUNTY OF ADA ) On this day of , 19before me, the undersigned, a Notary Public in and for said State, personally appeared John and Gloria Navarro, husband and wife, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at: Expires: & GUUA NAVARFO ✓ 200 W. PINE MERIDIW, IDAHO 83642 RO & BESSIE ALGER ✓ 6 W. 12TH MERID AN, IDAHO 83642 Po act qq3 CALDW4r r., -1D. 83665 rnkA S HEN L. & RITA L. CALHOUN 026 W. 12TH MERIDIAN, IDAHO 83642 WEBB JR. 036 12TH AVE. MERIDIAN,,,IDAHO 83642 16 I- KING ✓ DEWEY ILETON; ID. 83644 RT & ROSANNA LOCKETT - 12T# AVE. W. DIANA/ IDAHO 83642 & HELEN KECK 7 W. WASHINGTON MERIDIAN, IDAfIp 83642 &2��. �TRACEE PETERSON W. WASHING -TON IDIN, 83642 t/1�0 & ELLEN MITCHELL t910 W. WASHINGTON MERIDIAN, IDAHO 83642 lLVf-k-& MONA GRINDSTAFF 21 W. WASHINGTON MERIDIAN, ILEO 83642 L LOYD BELL 1141_W. WASHINGTON DRIVE MERI IDAHO 83642 CKY & RONDA PARKER 1/2 WEST PINE AVENUE RIDIAN, IDAHO 83642 ILLY M. STROTHER 847 WEST PINE AVENUE MERIDIAN, IDAHO 83642 S KRASOWSKI & RONDA D. FIVECOAT✓ W. 12TH AVENUE RIN SAUNDERS IW IDAHO 83642 BOX 835 GRpG6RY & LORI CHAPMAN 27 W. 12TH MERIDI , IDAHO 83642 JUDY PEIPMEYER ✓ 51 DRIVE BOI , IDAHO 83709 UL & MARGUERITE FLEMING 35W_ PINE MERIDIAN, -IDAHO 83642 ARVI &NORMA TREBILCOCK W- ,CARLTON MERIDIAN, IDAHO 83642 ID & PHYLLIS SCHROEDER 14 W. 11TH STREET MERIDIAN, IDAHO 83642 RIDIAN, IDAHO 83642 HIRLEY RHODES 1021 W. CARLTON MERIDIAN, IDAHO 83642 i MCCHRISTIAN 18 W. CARLTON MERIDI , IDAHO 83642 IT IES INTERNATIONAL, INC. 1526 E. 1$T STREET MERIDI IDAHO 83642 NALD & JULIE TOLSMA 1009 W. WASHINGTON ;MEZRIDI IDAHO 83642 OHNSTON 03 W. CARLTON MERIDIAN, IDAHO 83642 OLD & SHARLENE BR% ,1122 N. 11TH STREET j BOISE, AHO 83702 OUIS & JOAN KING 933 W. WASHINGTON DR. MERIDIAN IDAHO 83642 ✓W ENY ,FRIENDS CHURCH �F BOISE, INC. 1021 W. PINE MERIDIAN, ID. 83642 -75a & MARY YOUNG 7310 RIM ACRES LN. BOISE, -AHO 83709 NN & BETTY NEWKIRK 930 W. PINE MERIDIAN IDAHO 83642 �VERN & ANGELINA ALLEMAN 842 W. PINE MERIDIAN, IDAHO 83642 ✓CLON & MILDRED SHUYL. ER 1909-913 W. 10th Meridian, Idaho 83642 N & DONNA UGARRIZA 1113 11th West Meridiem, Idaho 83642 UCE/&'LOUISE STUART 1107 W. 11TH AVE. MERID IDAHO 83642 AVERNE & WILMA GALE PQ BOX 66 I a o ( LJ,Car'l ,�0A! 'iffftfi'A, IDAHO 83634 m �rE A. UBERUAGA 935. CARLTON , IDAHO 83642 ;-�9AROLD & MARY ROBERTS 929 W. CAR TON DI MERI, IDAHO 83642 /HAEL & SUSAN DAVIS 1101 W. 11TH STREET MERIDIAN, IDAHO 83642 MI ON & DOROTHY SORENSEN V19 W. CARLTON MERIDIADi, IDAHO 83642 RICHARD & MERRY TRUDEA Z2 42 VER DR. G IDAHO 83616 / OLD & LEILA KLEFMANtl 936 W. CARLTON MERIDIAN, IDAHO 83642 ROBERT & JOYCE CLUFF ✓ 1020 W. ARLTON 'MERID �v' IDAHO 83642 ZROLD & ANN WALLENTINE 22 W. CARLTON IDIAN, IDAHO 83642 LLIAM & HELEN OLSON 923 W. CARLTON MER 'DIAN, ID. 83642 IMOTHY & TAMMY ALVERSON 917 W. CARLTON MERIDIAN, IDAHO 83642 CHESTER & MARY A. MCPHERSON 1007 W. CARLTON RIDIAN, IDAHO 83642 /24 L & EVA SHEFFIELD W. CARLTON MERIDIAN, IDAHO 83642 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m, on February 6, 1990, for the purpose of reviewing and considering the Application of Howard and Sharon Jenkins, for a final plat of the parcel of ground in the SE 1/4 of the NW 1/49 Section 12, T. 3 N., R. 1 W., Boise Meridian, Ada County, Idaho, which is West of 8th Street and North of Pine Street. A more particular legal description of the above property is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment will be taken and is welcome. DATED this 15th day of January, 1990. 7 JACV NIEMANN, ;4TY CLERK AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. 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