HomeMy WebLinkAboutMeridian Manor #6 Covenants904352
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DECLARATION OF PROTECTIVE
RESTRICTIONS AND COVENANTS
MERIDIAN MANOR NO. 6 SUBDIVISION
KNOW ALL MEN BY THESE PRESENTS, That the .undersigned does hereby certify
and declare:
I
That BEDELCO, INC., an Idaho corporation, is the owner in fee simple of the
following described real property, located in Ada County, Idaho,
All of the lots in MERIDIAN MANOR N0. b SUBDIVISION, according to the official
plat thereof, on file in the office of the County Record¢r of Ada County, State of
Idaho, as shown by Book -~z- of Plats at Pages ry~z and sue, records of
Ada County, Idaho.
That all of the real property and all lots, parcels or tracts thereof, and any
conveyance describing all or any part thereof, either by reference to the official plat
of said subdivision or by a number of designations therein, or otherwise, shall be
subject to the restrictions, covenants, reservations, and conditions therein expressed
and set forth, and that by the acceptance of such conveyance, assignment, or
transfer of interest, the grantee or grantees and their heirs, executors,
administrators, successors, and assigns, and each of them, agree with each other as
to the property so described or conveyed in or by such conveyance, as follows:
(a) BUILDING RESTRICTIONS: All lots in said subdivision shall be known and
described as residential lots and be restricted to single family dwellings which shall
include, but not be limited to, any dwelling in which eight (8) or fewer unrelated
mentally and/or physically handicapped persons reside; and which is supervised by
no more than two (2) of such resident staff residing in the dwelling at any one time,
provided State of Idaho approval has been obtained. No structure shall be erected
upon any residential building site other than residential dwellings and accessory
buildings, none of which shall exceed two (2) stories in height.
(b) TYPE OF BUILDING: 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 thereof. Ail building plans shall be
approved by the Architectural Control Committee.
(c) MINIMUM BUILDING SIZE: All residential buildings erected upon said
property shall have a minimum floor area as designated on the official plat (exclusive
of garages, carports, patios, breezeways, storage rooms, porches and similar
structures), and a minimum of a double-car garage is mandatory for each single-
family unit.
MERIDIAN MANOR N0. 6 DECLARATION OF PROTECTIVE COVENANTS - 1
(d) BUILDING LOCATION: Unless otherwise spec111caily approved in writing by
a majority of the Architectural Control Committee, hereinafter provided for, no
dwelling house, garage, nor any part thereof, nor any other structures (exclusive of
fences and similar structures) shall be placed nearer than twenty (20) feet to the
front nor nearer than fifteen (15) feet to the rear of the building site on which it is
located. No building foundation or wall shall be erected with less than a five (5) foot
side yard on either side of the house; except, buildings on corner lots shall be at least
twenty (20) feet from both streets. For the purpose of this covenant, eaves, 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 permit any portion of a
building or any site to encroach upcn any other site. Where it is architecturally
possible, it is recommended that all garages be incorporated in and made a part of
the dwelling house.
(e) BUILDING SITE: A building site shall consist of a minimum of: 1) One (1)
of the residence tracts as platted in said plat, and as described in a deed or
conveyance; or 2) a parcel composed of portions of one (1) or more such residence
tracts, the depth and frontage of said parcel shall equal or exceed the depth and
frontage of platted residence tracts as platted in the same block, with the minimum
dimensions and area being in conformance with the requirements of subdivision and
zoning ordinances effective at that date.
(f} MOVING OF BUILDINGS -CONSTRUCTION OF OUTBUILDINGS: No building or
structure shall be moved onto said real property from any land outside of said plat.
No trailer houses shall be parked in any street or within building setback lines. No
trailer, basement, tent, shack, garage, barn or other outbuilding erected on a tract
shall be at any time used as a residence, temporarily or permanently, not shall any
residence of a temporary character be permitted. No building of any kind shall be
erected or maintained on a building site prior to the erection of the dwelling house
thereon, except that a garage or other similar small building of permanent
construction may be erected for the purpose of storing tools and other articles prior to
the erection of a permanent dwelling.
(g) PROSECUTION OF CONSTRUCTION WORK: The construction of the dwelling
and associated structures shall be prosecuted diligently and continuously from time of
commencement thereof until such dwelling and associated structures are fully
completed and painted. All structures shall be completed as to external appearance,
including painting, within eight (8) months from the date of commencement of
construction, unless prevented by causes beyond the control of the owner or builder
and only for such time as that cause continues.
(h) OIL AND MINING OPERATIOrIS: No oil drilling, oil development operations,
oil refining, quarrying or mining operations of any kind shall be permitted upon or in
any lot, nor shall oil wells, 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.
MERIDIAN f/lANOR N0. 6 DECLARATION OF PROTECTIVE COVENANTS - 2
(i) EXCAVATION, DEFACING OF LANDSCAPE, DITCHES: No excavation for
stone, sand, gravel, earth or minerals shall be made upon a building site unless such
excavation is necessary in connection with the erection of an improved structure
thereon. No irrigation drain or waste water shall be permitted to flow in open
ditches to or on any lot in said subdivision and may be transmitted only as follows:
(1) Ditches, if any, are to be carried at sufficient depth underground so
as not to int¢rfere with the use of such ground.
(2) Ditches, if any, are to be carried in sealed underground conduit.
(3) Ditches, If any, are to be located only within easement or street
right-of-way lines as shown on the plat of said subdivision.
(4) The cost of constructing such ditches, if any, shall be paid by the
parties installing same. The owners of said subdivision are under no
obligation to deliver water or furnish rights-of-way to any of the
lots in this subdivision.
(j) IRRIGATION: The Grantor and Grantee understand and agree that the
Grantor shall not be obligated to deliver irrigation water to any lot in MERIDIAN
MANOR N0. 6 SUBDIVISION; and further understand and agree:
(1) that water deliveries will not be provided; and
(2) that the purchaser of the lot must remain subject to all assessments
levied by th¢ irrigation entity; and
(3) that the individual purchaser, unless released by the irrigation
entity, shall be responsible to pay such legal assessments; and
(4) that the assessments area lien on the land within the irrigation
entity; and
(5) that a disclosure statement containing the representations set forth
in this section will be provided to the Grantee.
(k) REFUSE DISPOSAL -MATERIAL STORAGE: No machinery, appliance, or
structure or unsightly material, or junked or dilapidated vehicles or automobile parts
may be stored upon any piece, parcel or portion of said subdivision. No trash,
garbage, ashes, or other refuse may be thrown, dumped or otherwise disposed of
upon the real property. No building materials shall be placed upon the building site
until the Grantee or builder is ready and able to commence construction, and then
such materials shall be placed within the property line of the building site upon which
the structure is to be erected. The undersigned shall have the right to enter upon
any vacant building site for the purpose of burning or removing weeds, brush,
growth or refuse.
(I) FENCES -HEDGES: No fence, hedge or boundary wall situated anywhere
upon any building site shall have a height greater than that allowed by the local
MERIDIAN MANOR N0. 6 DECLARATION OF PROTECTIVE COVENANTS - 3
controlling ordinance, but in no event shall it be greater than six (6) feet In height
above the finished graded surface or the ground upon which such fence, hedge, or
wall is situated. No fence, wall, hedge, or shrub planting which obstructs sight lines
at elevations between three (3) and 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 thirty (30) feet from the
intersection of the street property lines extended. The same sight-line limitations
shall apply on any lot within ten (10) fe¢t from the intersection of a street property
line within the edge of a driveway or alley pavement. No tree shall be permitted to
remain within such distances or such intersections unless the foliage line is
maintained at sufficient height to prevent obstruction of such sight lines.
(m) NOXIOUS USE OF PROPERTY - SPITE FENCES: No portion of the real
property nor of a building site nor any structure thereon shall be used for the
conduct of any trade, business or professional activities. Noxious or undesirable acts,
or undesirable use of any portion of the real property is prohibited and shall not be
permitted or maintained. The determination of the undersigned owner that any
activity or use is undesirable or noxious shall be conclusive upon all parties.
The construction or maintenance of a spite fence or spite tree shall be
prohibited upon any building site. The determination by the undersigned owner that
any wall, fence, hedge, or tree falls within the latter category shall be conclusive
upon ail parties.
(n) GENERAL APPEARANCE AND NEATNESS OF PROPERTY: No recreational
vehicles nor other vehicles larger than athree-quarter-ton pickup shall be parked on
any lot in MERIDIAN MANOR N0. 6 SUBDIVISION nearer the street than the front line
of the dwelling, or in the street right-of-way. For the purposes of the Protective
Restrictions and Covenants, recreational vehicles shall include, but not be limited to:
boats, campers, motor homes, snowmobiles, motorcycles and race cars. All
maintenance work performed on the above vehicles or personal automobiles shall be
done inside the garage with the doors closed. No vehicle shall be parked in the street
for a period of time exceeding twenty-four (24) hours at a time.
Ail Grantees in MERIDIAN MANOR N0. 6 SUBDIVISION shall maintain their
property in a neat and orderly fashion. Landscaping must be planted within three
months from the time the dwelling is occupied and must be maintained and watered.
Ail Grantees shall maintain the dwelling in good repair and appearance and shall not
allow the buildings, fences, landscaping or any other part of the property to have a
shoddy appearance as determined by the majority of Grantees
(o) BILLBOARDS -SIGNS: No sign of any kind shall be displayed to the public
view on any residential building site except one sign of not more than five (5) square
feet advertising the property for sale or rent or signs used by a builder to advertise
the property, during the construction and sales period.
(p) ANIMALS: No livestock, excepting dogs and cats, shall be permitted at
any time upon the real property of the subdivision. Dogs and cats are permitted only
as pets, and no boarding or commercial enterprises will be permitted where such
animals exceed in number that listed in the City of Meridian Ordinance.
MERIDIAN MANOR N0. 6 DECLARATION OF PROTECTIVE COVENANTS - 4
III
That no building shall be erected, placed, or altered on any lot until the
construction plans and specifications and a plan showing the location of the structure
have been approved by the Architectural Control Committee, hereinafter designated,
as to quality or workmanship and materials, harmony of external design with
existing structures, and as to location with respect to topography and finish grade
elevations. No fence or wall shall be erected, placed or altered on any lot nearer to
any street than the minimum building setback line unless similarly approved, as
provided in Paragraph IV hereof.
As to all improvements, construction, and alterations upon building sites, the
Architectural Control Committee shall have the right to refuse to approve any design,
plan, floor area or color for such improvements, construction or alterations which is
not suitable or desirable in the opinion of a majority of said Committee, for any
reason, aesthetic or otherwise, and in so passing upon such designs the Committee
shall have the right to take under consideration the suitability of the proposed
building or other structures, and the material of which it is to be built and to the
exterior color scheme, to the site upon which it is proposed to be erected, the
harmony thereof with the surroundings and the effect of the building or other
structure or alterations therein as planned on the outlook of the adjacent or
neighboring property, and the effect or impairment that said structures will have on
the view on surrounding building sites, and any and all factors which in the opinion
of a majority of the Committee shall affect the desirability or suitability of such
proposed structure, improvement or alteration. Actual construction shall comgly
with the plans and specifications as approved and shall not commence prior to the
receipt of the written approval or expiration of the time period provided herein for
the granting of such approval, by the Architectural Control Committee.
IV
The Architectural Control Committee is composed of W. Burton Smith, 9530
Halstead Drive; Edward L. Bews, 5204 Sorrento Circle; and Arthur C. Davis, 9588
Pinedale, all of Boise, Idaho. A majority of the Committee may designate a
representative to act for it. In the event of the death or resignation of any member
of the Committee, the remaining members shall have full authority to designate a
successor. Neither the members of the Committee, nor its designated representative,
shall be entitled to any compensation for services performed pursuant to this
covenant. At the time one-hundred (100) percent of the building tracts, or lots, in
MERIDIAN MANOR NO. 6 SUBDIVISION have been inltlally occupied, the then owners of
the building tracts, or lots, shall elect resident property owners as the members of
the Architectural Control Committee, to replace those persons, or their replacements,
named above. Such election may be by a general meeting or a written ballot
circulated to all residents, with the three persons receiving the most votes deemed
elected. A written instrument setting forth the results of the election shall be duly
recorded in the office of the Recorder of Ada County, Idaho. At any time thereafter,
the then record owners of a majority of the lots as shown on the plat of the
subdivision shall have the power through a duly recorded instrument to change the
membership of or to withdraw from the Committee or restore to it any of its powers
MERIDIAN MANOR N0. 6 DECLARATION OF PROTECTIVE COVENANTS - 5
and duties. No member of this Committee duly appointed or elected shall incur
liability by reason of any act or omission in exercising the duties herein established
for such Committee.
V
That the Architectural Control Committee's approval or disapproval as required
in these covenants shall be in writing. In the event the Committee, or its designated
representative, fails to approve or disapprove within thirty (30) days after plans and
specifications have been submitted to it approval will not be required of such
Committee and the related covenants shall be deemed to have been fully complied
with.
VI
(a) That the owner of said real property, hereinabove described, res¢rves
unto itself, its successors and assign, or for public dedication by the owner, its
successors and assigns, a five (5) foot right-of-way across and along the street lines of
all lots and a ten (10) foot right-of-way along the rear lot lines of each said lots, for
the purpose of constructing water mains, electric distribution lines, irrigation ditches,
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; this reservation being intended to provide an easement Twenty (20) feet
wide centering on the rear lot line of each lot. The easement area for 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 with the
installation and maintenance of utilities or which may change the direction of flow of
water through drainage channels in the easements.
(b) An easement is hereby granted to the Idaho Power Company, a
corporation, its licensees, 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 reasonable times, to construct, maintain and
repair underground power lines; through, under and across said lands, together with
the right, at the sole expense of the Idaho Power Company, to excavate and refill
ditches and trenches for the location of said power line, 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 MERIDIAN MANOR N0. 6 SUBDIVISION, Ada County, Idaho, a strip of
land ten (10) feet wide, five (5) feet on each side of the boundary line of the
actual building site, running from the street right-of-way or utility easements
as shown of the plat to a point or points on said boundary line which are
directly opposite from the electrical service entrance facilities on the buildings
constructed on the building sites on each side of the boundary line, thence,
MERIDIAN MANOR N0. 6 DECLARATION OF PROTECTIVE COVENANTS - b
strips of land each ten (SO) feet wide, one (1) on each building site running
directly from said point or points of the boundary line to the corresponding
opposite electrical service entrance facilities on the buildings constructed on said
building sites. The actual building site may be a lot as shown on MERIDIAN
MANOR N0. 6 SUBDIVISION plat or a combination of portions of lots intended to
comprise a building site.
(c) The Architectural Control Committee, hereinabove d¢signat¢d, shall
constitute a committee, subj¢ct to the aforementioned ordinances and rules and
regulations of the various Planning and Zoning Commissions having jurisdiction, to
determine and designate the location upon such easem¢nts of all irrigation ditches,
pole lines, sewer lines, and otrier public utilities' distribution lines, which designation
shall be effective to vest the right to utilize such easement areas. This Committee
shall exist in perpetuity, and in the event of vacancy by resignation or death, the
remaining members of the Committee shall fill such vacancy by appointment of an
owner of property within this subdivision to such Committee.
V1I
That these Protective Restrictions and Covenants shall run with the land
described herein and shall be binding upon the parties hereto and all succ¢ssors in
title or interest to said real property or any part hereof, for a period of twenty (20)
years from the date this document is recorded, at which time said Protective
Restrictions and Covenants shall be automatically extended for successive periods of
ten (10) years unless the owner or owners of the legal title to not less and two-thirds
(2/3) 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 amend
said Protective Restrictions and Covenants, and such termination or amendment shall
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 record of the plat and
the record of the Declaration in which these Protective Restrictions and Covenants are
set forth and all amendments hereof.
VIII
That should any Grantee violate or attempt to violate any of the provisions of
these Protective Restrictions and Covenants, any other person or persons owning any
real property embraced in the said subdivision plat shall have full power and
authority to prosecute any proceedings at law or equity against the person or persons
violating or attempting to violate any of the said Protective Restrictions and
Covenants, and either to prevent him, or her, or them from so doing or to recover
damages sustained by reason of such violation.
IX
That the invalidation of any provision, sentence, or paragraph contained in
these Protective Restrictions and Covenants by judgment or court order shall in no
way affect or invalidate any of the other provisions, sentences, or paragraphs of said
MERIDIAN MANOR N0. b DECLARATION OF PROTECTIVE COVENANTS - 7
Protective Restrictions and Covenants, but the same shall be and remain !n full force
and effect.
IN WITNESS WHEREOF, the undersigned has hereunto caused its name to be
subscribed and its seal affixed, pursthtant to a resolution of its Board fo Directors, by
its President and Secretary this ~'~ day of .9ur6i~f -x§84. /990
,~>
BEDELCO, I
By:
W. Burton Smith, President
By:
E. L. ews, Secretary
STATE OF IDAHO )
ss
County of Ada )
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On this ~ day of -~~~ ~~~ 7~" before me, the undersigned
Notary Public in and for the State of Idaho, personally appeared W. Burton Smith
and E. L. Bews, known to me to be the President and Secretary, respectively, of
BEDELCO, Inc., the corporation that executed the foregoing instrument and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
~~%~~.~~ ~~~c~
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- - ~ - ~; Notary Public for Idaho ~/
~'~~ 4 ~. Residing at Boise, Idaho
My Commission Expires ~~ 93
MERIDIAN MANOR N0. 6 DECLARATION OF PROTECTIVE COVENANTS - 8
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JOHN k'~' ~ '. RECO ER
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Mr. Jack Niemann
City of Meridian
33 East Idaho Ave.
Meridian, Idaho 83642
Dear Jack;
~NGINEERIIyG
BRIGGS
IN4
April 18, 1990
Re: Meridian Manor No.6 Subdivisions
Final Plat Approval
Submitted herewith are two copies of the Covenants for Meridian
Manor No. 6 Subdivision, as revised in conformance with the City
Council meeting of April 17, 1990. Also submitted are two copies of
Sheets 1 and 2 of the final subdivision plat and the original Mylar
tracings for Sheets 1 and 2.
Please review and sign and also have the City Engineer sign Sheet 2
of the original Mylars.
Please call me when signed, or if any problems develop.
Thank you.
Yours truly,
/BRIGGS ENGINEERING, Inc.
~G'~- ~ ~lrt~ r7/1-~j ~~~~1~~
William W. Briggs, PEALS"
WWB:wb
Copy: Ed Bews
Burt Smith
1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 345-2881 Fax# (208) 345-2950
DECLARATION OF PROTECTIVE
RESTRICTIONS AND COVENANTS
MERIDIAN MANOR NO. 6 SUBDIVISION
KNOW ALL MEN BY THESE PRESENTS, That the undersigned does hereby certify
and declare:
I
That BEDELCO, INC. , an Idaho corporation, is the owner in f¢e simple of the
following described real property, located in Ada County, Idaho,
All of the lots in MERIDIAN MANOR N0. 6 SUBDIVISION, according to the official
plat thereof, on file in the office of the County Recorder of Ada County, State of
Idaho, as shown by Book of Plats at Pages and -, records of
Ada County, Idaho.
II
That all of the real property and all lots, parcels or tracts thereof, and any
conveyance describing all or any part thereof, either by reference to the official plat
of said subdivision or by a number of designations therein, or otherwise, shall be
subject to the restrictions, covenants, reservations, and conditions therein ¢xpressed
and set forth, and that by the acceptance of such conveyance, assignment, or
transfer of interest, the grantee or grantees and their heirs, executors,
administrators, successors, and assigns, and each of them, agree with each other as
to the property so described or conveyed in or by such conveyance, as follows:
(a) BUILDING RESTRICTIONS: All lots in said subdivision shall be known and
described as residential lots and be restricted to single family dwellings which shall
include, but not be limited to, any dwelling in which eight (8) or fewer unrelated
mentally and/or physically handicapped persons reside; and which is supervised by
no more than two (2) of such resident staff residing in the dwelling at any one time,
provided State of Idaho approval has been obtained. No structure shall be erected
upon any residential building site other than residential dwellings and accessory
buildings, none of which shall exceed two (2) stories in height.
(b) TYPE OF BUILDING: 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 thereof. All building plans shall be
approved by the Architectural Control Committee.
(c) MINIMUM BUILDING SIZE: All residential buildings erected upon said
property shall have a minimum floor area as designated on the official plat (exclusive
of garages, carports, patios, breezeways, storage rooms, porches and similar
structures), and a minimum of a double-car garage is mandatory for each single-
family unit.
MERIDIAN MANOR N0. 6 DECLARATION OF PROTECTIVE COVENANTS - 1
(d) BUILDING LOCATION: Unless otherwise specifically approved in writing by
a majority of the Architectural Control Committee, hereinafter provided for, no
dwelling house, garage, nor any part thereof, nor any other structures (exclusive of
fences and similar structures) shall be placed nearer than twenty (20) feet to the
front nor nearer than fifteen (15) feet to the rear of the building site on which it is
located. No building foundation or wall shall be erected with less than a five (5) foot
side yard on either side of the house; except, buildings on corner lots shall be at least
twenty (20) feet from both streets. For the purpose of this covenant, eaves, 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 permit any portion of a
building or any site to encroach upon any other site. Where it is architecturally
possible, it is recommended that all garages be incorporated in and made a part of
the dwelling house.
(e) BUILDING SITE: A building site shall consist of a minimum of: 1) One (1)
of the residence tracts as platted in said plat, and as described in a deed or
conveyance; or 2) a parcel composed of portions of one (1) or more such residence
tracts, the depth and frontage of said parcel shall equal or exceed the depth and
frontage of platted residence tracts as platted in the same block, with the minimum
dimensions and area being in conformance with the requirements of subdivision and
zoning ordinances effective at that date.
(f) MOVING OF BUILDINGS -CONSTRUCTION OF OUTBUILDINGS: No building or
structure shall be moved onto said real property from any land outside of said plat.
No trailer houses shall be parked in any street or within building setback lines. No
trailer, basement, tent, shack, garage, barn or other outbuilding erected on a tract
shall be at any time used as a residence, temporarily or permanently, not shall any
residence of a temporary character be permitted. No building of any kind shall be
erected or maintained on a building site prior to the erection of the dwelling house
thereon, except that a garage or other similar small building of permanent
construction may be erected for the purpose of storing tools and other articles prior to
the erection of a permanent dwelling.
(g) PROSECUTION OF CONSTRUCTION WORK: The construction of the dwelling
and associated structures shall be prosecuted diligently and continuously from time of
commencement thereof until such dwelling and associated structures are fully
completed and painted. All structures shall be completed as to external appearance,
including painting, within eight (8) months from the date of commencement of
construction, unless prevented by causes beyond the control of the owner or builder
and only for such time as that cause continues.
(h) O1L AND MINING OPERATIONS: No oil drilling, oii development operations,
oil refining, quarrying or mining operations of any kind shall be permitted upon or in
any lot, nor shall oil wells, 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.
MERIDIAN MANOR N0. 6 DECLARATION OF PROTECTIVE COVENANTS - 2
(i) EXCAVATION, DEFACING OF LANDSCAPE, DITCHES: No excavation for
stone, sand, gravel, earth or minerals shall be made upon a building site unless such
excavation is necessary in connection with the erection of an improved structure
thereon. No irrigation drain or waste water shall be permitted to flow in open
ditches to or on any lot in said subdivision and may be transmitted only as follows:
(1) Ditches, if any, are to be carried at sufficient depth underground sa
as not to interfer¢ with the use of such ground.
(2) Ditches, if any, are to be carried in sealed underground conduit.
(3) Ditches, If any, are to be located only within easement or street
right-of-way lines as shown on the plat of said subdivision.
(4) The cost of constructing such ditches, if any, shall be paid by the
parties installing same. The owners of said subdivision are under no
obligation to deliver water or furnish rights-of-way to any of the
lots in this subdivision.
(J) IRRIGATION: The Grantor and Grantee understand and agree that the
Grantor shall not be obligated to deliver irrigation water to any lot in MERIDIAN
MANOR NO. 6 SUBDIVISION; and further understand and agree:
(1) that water deliveries will not be provided; and
(2) that the purchaser of the lot must remain subject to all assessments
levied by the irrigation entity; and
(3} that the individual purchaser, unless released by the irrigation
entity, shall be responsible to pay such legal assessments; and
(4) that the assessments are a lien on the land within the irrigation
entity; and
(5) that a disclosure statement containing the representations set forth
in this section will be provided to the Grantee.
(k) REFUSE DISPOSAL -MATERIAL STORAGE: No machinery, appliance, or
structure or unsightly material, or junked or dilapidated vehicles or automobile parts
may be stored upon any piece, parcel or portion of said subdivision. No trash,
garbage, ashes, or other refuse may be thrown, dumped or otherwise disposed of
upon the real property. No building materials shall be placed upon the building site
until the Grantee or builder is ready and able to commence construction, and then
such materials shall be placed within the property line of the building site upon which
the structure is to be erected. The undersigned shall have the right to enter upon
any vacant building site for the purpose of burning or removing weeds, brush,
growth or refuse.
(1) FENCES -HEDGES: No fence, hedge or boundary wall situated anywhere
upon any building site shall have a height greater than that allowed by the local
MERIDIAN MANOR N0. 6 DECLARATION OF PROTECTIVE COVENANTS - 3
controlling ordinance, but In no event shall 1t be greater than six (6) feet 1n height
above the finished graded surface or the ground upon which such fence, hedge, or
wall is situated. No fence, wall, hedge, or shrub planting which obstructs sight lines
at elevations between three (3) and 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 thirty (30) feet from the
intersection of the street property lines extended. The same sight-line limitations
shall apply on any lot within ten (10) feet from the intersection of a street property
line within the edge of a driveway or alley pavement. No tree shall be permitted to
remain within such distances or such intersections unless the foliage line is
maintained at sufficient height to prevent obstruction of such sight lines.
(m) NOXIOUS USE OF PROPERTY - SPITE FENCES: No portion of the real
property nor of a building site nor any structure thereon shall be used for the
conduct of any trade, business or professional activities. Noxious or undesirable acts,
or undesirable use of any portion of the real property is prohibited and shall not be
permitted or maintained. The determination of the undersigned owner that any
activity or use is undesirable or noxious shall be conclusive upon all parties.
The construction or maintenance of a spite fence or spite tree shall be
prohibited upon any building site. The determination by the undersigned owner that
any wall, fence, hedge, or tree falls within the latter category shall be conclusive
upon ail parties.
(n) GENERAL APPEARANCE AND NEATNESS OF PROPERTY: No recreational
vehicles nor other vehicles larger than athree-quarter-ton pickup shall be parked on
any lot in MERIDIAN MANOR NO. 6 SUBDIVISION nearer the street than the front line
of the dwelling, or in the street right-of-way. For the purposes of the Protective
Restrictions and Covenants, recreational vehicles shall include, but not be limited to:
boats, campers, motor homes, snowmobiles, motorcycles and race cars. Ail
maintenance work performed on the above vehicles or personal automobiles shall be
done inside the garage with the doors closed. No vehicle shall be parked in the street
for a period of time exceeding twenty-four (24) hours at a time.
All Grantees in MERIDIAN MANOR N0. 6 SUBDIVISION shall maintain their
property in a neat and orderly fashion. Landscaping must be planted within three
months from the time the dwelling is occupied and must be maintained and watered.
Ali Grantees shall maintain the dwelling in good repair and appearance and shall not
allow the buildings, fences, landscaping or any other part of the property to have a
shoddy appearance as determined by the majority of Grantees
(o) BILLBOARDS -SIGNS: No sign of any kind shall be displayed to the public
view on any residential building site except one sign of not more than five (5) square
feet advertising the property for sale or rent or signs used by a builder to advertise
the property, during the construction and sales period.
(p) ANIMALS: No livestock, excepting dogs and cats, shall be permitted at
any time upon the real property of the subdivision. Dogs and cats are permitted only
as pets, and no boarding or commercial enterprises will be permitted where such
animals exceed in number that listed in the City of Meridian Ordinance.
MERIDIAN MANOR N0. 6 DECLARATION OF PROTECTIVE COVENANTS - 4
III
That no building shall be erected, placed, or altered on any lot until the
construction plans and specifications and a plan showing the location of the structure
have been approved by the Architectural Control Committee, hereinafter designated,
as to quality or workmanship and materials, harmony of external design with
existing structures, and as to location with respect to topography and finish grade
elevations. No fence or wall shall be erected, placed or altered on any lot nearer to
any street than the minimum building setback line unless similarly approved, as
provided in Paragraph IV hereof.
As to all improvements, construction, and alterations upon building sites, the
Architectural Control Committee shall have the right to refuse to approve any design,
plan, floor area or color for such improvements, construction or alterations which is
not suitable or desirable in the opinion of a majority of said Committee, for any
reason, aesthetic or otherwise, and in so passing upon such designs the Committee
shall have the right to take under consideration the suitability of the proposed
building or other structures, and the material of which it is to be built and to the
exterior color scheme, to the site upon which It is proposed to be erected, the
harmony thereof with the surroundings and the effect of the building or other
structure or alterations therein as planned on the outlook of the adjacent or
neighboring property, and the effect or impairment that said structures will have on
the view on surrounding building sites, and any and all factors which in the opinion
of a majority of the Committee shall affect the desirability or suitability of such
proposed structure, improvement or alteration. Actual construction shall comply
with the plans and specifications as approved and shalt not commence prior to the
receipt of the written approval or expiration of the time period provided herein for
the granting of such approval, by the Architectural Control Committee.
IV
The Architectural Control Committee is composed of W. Burton Smith, 9530
Halstead Drive; Edward L. Bews, 5204 Sorrento Circle; and Arthur C. Davis, 9588
Pinedale, all of Boise, Idaho. A majority of the Committee may designate a
representative to act for it. In the event of the death or resignation of any member
of the Committee, the remaining members shall have full authority to designate a
successor. Neither the members of the Committee, nor its designated representative,
shall be entitled to any compensation for services performed pursuant to this
covenant. At the time one-hundred (100) percent of the building tracts, or lots, in
MERIDIAN MANOR N0. 6 SUBDIVISION have been initially occupied, the then owners of
the building tracts, or lots, shall elect resident property owners as the members of
the Architectural Control Committee, to replace those persons, or their replacements,
named above. Such election may be by a general meeting or a written ballot
circulated to all residents, with the three persons receiving the most votes deemed
elected. A written instrument setting forth the results of the election shall be duly
recorded in the office of the Recorder of Ada County, Idaho. At any time thereafter,
the then record owners of a majority of the lots as shown on the plat of the
subdivision shall have the power through a duly recorded instrument to change the
membership of or to withdraw from the Committee or restore to it any of its powers
MERIDIAN MANOR N0. 6 DECLARATION OF PROTECTIVE COVENANTS - 5
~~
and duties. No member of this Committee duly appointed or elected shall incur
liability by reason of any act or omission in exercising the duties herein established
for such Committee.
V
That the Architectural Control Committee's approval or disapproval as required
in these covenants shall be in writing. In the event the Committee, or its designated
representative, fails to approve or disapprove within thirty (30) days after plans and
specifications have been submitted to it approval will not be required of such
Committee and the related covenants shall be deemed to have been fully complied
with.
VI
(a) That the owner of said real property, hereinabove described, reserves
unto itself, its successors and assign, or for public dedication by the owner, its
successors and assigns, a five (5) foot right-of-way across and along the street lines of
all lots and a ten (10) foot right-of-way along the rear lot lines of each said lots, for
the purpose of constructing water mains, electric distribution lines, irrigation ditches,
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; this reservation being intended to provide an easement Twenty (20) feet
wide centering on the rear lot line of each lot. The easement area for each lot and
all improvements in it shall be maintained contfnuously 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 with the
installation and maintenance of utilities or which may change the direction of flow of
water through drainage channels in the easements.
(b) An easement is hereby granted to the Idaho Power Company, a
corporation, its licensees, 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 ail reasonable times, to construct, maintain and
repair underground power lines; through, under and across said lands, together with
the right, at the sole expense of the Idaho Power Company, to excavate and refill
ditches and trenches for the location of said power line, 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 MERIDIAN MANOR N0. 6 SUBDIVISION, Ada County, Idaho, a strip of
land ten (10) feet wide, five (5) feet on each side of the boundary line of the
actual building site, running from the street right-of-way or utility easements
as shown of the plat to a point or points on said boundary line which are
directly opposite from the electrical service entrance facilities on the buildings
constructed on the building sites on each side of the boundary line; thence,
MERIDIAN MANOR N0. 6 DECLARATION OF PROTECTIVE COVENANTS - 6
•
strips of land each ten (10) feet wide, one (i) on each building site running
directly from said point or points of the boundary line to the corresponding
opposite electrical service entrance facilities on the buildings constructed on said
building sites. The actual building site may be a lot as shown on MERIDIAN
MANOR N0. 6 SUBDIVISION plat or a combination of portions of lots intended to
comprise a building site.
(c) The Architectural Control Committee, hereinabove designated, shall
constitute a committee, subJect to the aforementioned ordinances audsdiction,a to
regulations of the various Planning and Zoning Commissions having j
determine and designate the location upon such easements of all irrigation ditches,
pole lines, sewer lines, and other public utilities' distribution lines, which designation
shall be effective to vest the right to utilize such easement areas. This Committee
shall exist in perpetuity, and in the event of vacancy by resignation or death, the
remaining members of the Committee shall fill such vacancy by appointment of an
owner of property within this subdivision to such Committee.
VII
That these Protective Restrictions and Covenants 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 hereof, for a period of twenty (20)
years from the date this document is recorded, at which time said Protective
Restrictions and Covenants shall be automatically extended for successive periods of
ten (10) years unless the owner or owners of the legal title to not less and two-thirds
(2/3) 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 amend
said Protective Restrictions and Covenants, and such termination or amendment shall
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 record of the plat and
the record of the Declaration in which these Protective Restrictions and Covenants are
set forth and all amendments hereof.
VIII
That should any Grantee violate or attempt to violate any of the provisions of
these Protective Restrictions and Covenants, any other person or persons owning any
real property embraced in the said subdivision plat shall have full power and
authority to prosecute any proceedings at law or equity against the person or persons
violating or attempting to violate any of the said Protective Restrictions and
Covenants, and either to prevent him, or her, or them from so doing or to recover
damages sustained by reason of such violation.
IX
That the invalidation of any provision, sentence, or paragraph contained in
these Protective Restrictions and Covenants by judgment or court order shall in no
way affect or invalidate any of the other provisions, sentences, or paragraphs of said
MERIDIAN MANOR N0. 6 DECLARATION OF PROTECTIVE COVENANTS - 7
Protective Restrictions and Covenants, but the same shall be and remain in full force
and effect.
IN WITNESS WHEREOF, the undersigned has hereunto caused its name to be
subscribed and its seal affixed, pursuant to a resolution of its Board fo Directors, by
its President and Secretary this day of 1989.
BEDELCO, INC.
STATE OF IDAHO )
ss
County of Ada )
By:
sy:
W. Burton Smith, President
E. L. Bews, Secretary
On this day of 1989, before me, the undersigned
Notary Public in and for the State of Idaho, personally appeared W. Burton Smith
and E. L. Bews, known to me to be the President and Secretary, respectively, of
BEDELCO, Inc., the corporation that executed the foregoing instrument and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal. the day and year in this certificate first above written.
Notary Public for Idaho
Residing at Boise, Idaho
My Commission Expires
MERIDIAN MANOR N0. b DECLARATION OF PROTECTIVE COVENANTS - 8