HomeMy WebLinkAboutMallard Landing Subdivision PP0
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
Planning and Zoning Commission 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
April 10, 1990, for the purpose of reviewing and considering the
Application of Skyline Development, Inc., for a preliminary plat
of Mallard Landing Subdivision, which is generally located in
the NE 1/4 of Section 13, T. 3N., R 1W., Boise -Meridian, Ada
County, Idaho, for approval of an approximately 89 single-family
dwelling residential subdivision. The property is generally
located near the SE corner of the intersection of Linder Road
and Franklin Road.
A more particular legal description for the parcel 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/day of March, 1990.
AMBROSE,
FITZGERALD
'. CROOKSTON
IEMA N, CITY CLERK
AttorneyaanE
Counselors
P.O. Box 427
Merldlan. Idaho
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SUBDIVISION EVALUATIONOSHEET
(Recommendations onl710
Proposed Development Name MALLARD LANDING SUB. City MERIDIAN
Date Reviewed 3/22/90 Preliminary Stage XXX Final
Engineer/Developer Johnson Enar./Skyline Development Date)Sent
The following SUBDIVISION NAME is approved b; -The Ada Couny Enginner or his
designee per the requirements of the IDAHO (S.TATE EODE._
MALLARD LANDING SUBDIVISON X.
)' /'' ?/G�Date j/ Z
The Street name comments listed below are/made by the members of the ADA COUNTY
STREET NAME COMMITTEE (under direction !of the Ada County Engineer) regarding
this development in accordance with thtjBoise City Street Name Ordinance.
The following existing street name shall appear on the plat as:
"S. LINDER ROAD"
The following new street names are approved and shall appear on the plat as:
"S. CANVASBACK AVENUE"
"W. PINTAIL DRIVE"
"W. MERGANZER DRIVE"
The following street names are duplications and cannot be used:
"W. WOOD DUCK DRIVE"
"S. DRAKE WAY"
Please hop other nam and have h m approved,
`� kl��i�EG�I!-I EA47 DIZlVE �•
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. n
ADA COUNTY STREET NAME COMMITTEE, GEN REPRESENT' IVES OR DESIGNEES
Ada County Engineer John PDate
Ada Planning Assoc. Terri Raynor I J l? Data Shy
Fire Dept. Representative Date
NOTE: A copy, of this evaluation sheet must be presented to the Ada County
Engineer at the time of signing the "final plat", otherwise the plat will not
be signed 1111 Sub Index Street Index Map
NUMBERING OF LOTS AND BLOCKS
April 16, 1990
Mr. Roy Johnson
Johnson Engineering
8598 Fairview
Boise, Idaho 83704
RE: Mallard Landing Subdivision
Revised Preliminary Plat
Dear Mr. Johnson:
I have reviewed this resubmittal in accordance with my previous
review comments. There are still a couple of things that concern
me:
1. Frontage width of Lot 3 - Block 2, and
2. Size of Lot 15 - Block 4 along with the frontage shown on
Merganzer Dr., and
3. Linder Road right of way width of 60 feet in lieu of past ACHD
requirements of 66 feet for a section line road.
4. Overall (110 Acre) master plan of water and sewer system -
(Fire flow requirement and domestic flow requirement vs.
supply)
5. hove the sewer line on Pintail Dr. to the center line of the
road so Lot SO - Block 4 can sewer into the end manhole.
Typically we allow one (1) sanitary sewer service to enter a
manhole.
6. Show the existing interceptor sanitary sewer along Ten Tule
Drain - (Its' east end near a point where W. 12th street
extended would cross Ten Mile Drain.)
This is a big project Roy, and I want to be sure we have all the
is dotted and is crossed for it in the beginning. If you have
any questions give me a call.
Sincerely,
Gary D. Smith, P.E.
City Engineer
• HUB OF TREASURE VALLEY •
A Good Place to Live
OFFICIALS
COUNCILMEN
JACK NIEMANN, City Clerk
JANICEBRUCE OASS,Treasurer
CITY OF MERIDIAN
RJO.EABERT RSA
BRUCE Supt.
MY
WAYNEG.C,
G CROOK, TON, R., At
33 EAST IDAHO
ROBERT GIESLER
MAX YERRINGTON
Waste ateJR.,Attorney
EARL WARD, Waste Water Supt.
KENNY BOWERS, Fire Chief
MERIDIAN, IDAHO 83642
Chairman Zoning A Planning
BILL GORDON, Police Chief
Phone 888-4433
JIM JOHNSON
GARY SMITH, City Engineer
GRANT P. KINGSFORD
Mayor
April 16, 1990
Mr. Roy Johnson
Johnson Engineering
8598 Fairview
Boise, Idaho 83704
RE: Mallard Landing Subdivision
Revised Preliminary Plat
Dear Mr. Johnson:
I have reviewed this resubmittal in accordance with my previous
review comments. There are still a couple of things that concern
me:
1. Frontage width of Lot 3 - Block 2, and
2. Size of Lot 15 - Block 4 along with the frontage shown on
Merganzer Dr., and
3. Linder Road right of way width of 60 feet in lieu of past ACHD
requirements of 66 feet for a section line road.
4. Overall (110 Acre) master plan of water and sewer system -
(Fire flow requirement and domestic flow requirement vs.
supply)
5. hove the sewer line on Pintail Dr. to the center line of the
road so Lot SO - Block 4 can sewer into the end manhole.
Typically we allow one (1) sanitary sewer service to enter a
manhole.
6. Show the existing interceptor sanitary sewer along Ten Tule
Drain - (Its' east end near a point where W. 12th street
extended would cross Ten Mile Drain.)
This is a big project Roy, and I want to be sure we have all the
is dotted and is crossed for it in the beginning. If you have
any questions give me a call.
Sincerely,
Gary D. Smith, P.E.
City Engineer
C G�fi
DWIGHT V. BOARD, President
GLENN J. RHODES. Vice President
CHARLES L. WINDER. Secretary
Edward A. Johnson
5330 Farrow Street
Boise ID 83704
Re: MALLARD LANDING - PRELIMINARY PLAT
ADA COUNTY, IDAHO
April 23, 1990
On April 19, 1990, the Commissioners of the Ada County Highway District
(hereafter called "District") approved the Preliminary Plat subject to the
conditions as stated below: '
SITE SPECIFIC CONDITIONS:
1. Dedicate 30 -feet of right-of-way from the centerline of Linder abutting
parcel.
2. curb, gutter, 5 -foot sidewalk and match paving shall be constructed on
Linder abutting parcel. Improvements shall be constructed to a 41 -foot
back-to-back street section.
3. The drainage lot (Lot 1 Block 1) shall be maintained by a homeowners
association which may not be dissolved without the written consent of
ACRD. Provide a note on the plat.
STANDARD CONDITIONS:
1. Street and drainage improvements required in the public right-of-way
shall be designed and constructed in conformance with District stan-
dards and policies.
2. Dedicated streets and drainage systems shall be designed and construct-
ed in conformance with District standards and policies.
3. specifications, land surveys, reports, plats, drawings, plans, design
information and calculations presented to ACHD shall be sealed, signed
and dated by a Registered Professional Engineer or Professional Land
Surveyor, in compliance with Idaho Code, Section 54-1215,
4. Written approval shall be obtained from the appropriate irriga-
tion/drainage district authorizing storm runoff into their system.
ada county highway district
318 East 37th 9 Boise, Idaho 83714 • Phone (208) 345-7680
Edward A. Johnson •
April 23, 1990
Page 2
5. Obstructions (utility facilities, irrigation and drainage appurte-
nances, etc.) shall be relocated outside of the proposed street improve-
ments. Authorization for relocations shall be obtained from the appro-
priate entity.
6. Existing irrigation and drainage systems shall be continued across
parcel.
7. Three sets of street construction plans shall be submitted to the Dis-
trict for review and appropriate action.
8. Site drainage plans showing that storm runoff will not flow into public
right-of-way shall be submitted for review and appropriate action by
ACHD, in compliance with Boise City Code 11-3-54 and ACHD policy.
9. Direct lot or parcel access to Linder is prohibited, in compliance with
District policy. Lot access restrictions shall be stated on the final
plat.
10. Driveways shall be located a minimum of 5 -feet from the side lot proper-
ty lines.
11. Developer shall provide the District with a copy of the recorded plat
prior to the installation of street name signs.
12. A right-of-way permit must be obtained from ACHD for all street and
utility construction within the public right-of-way. Contact Quality
Control at 345-7667 (with zoning file number) for details.
13. A request for modification, variance or waiver of any requirement or
policy outlined herein shall be made, in writing, to the Manager of
Engineering Services within 15 calendar days of the original Commis-
sion action. The request shall include a statement explaining why such
a requirement would result in substantial hardship or inequity.
Should you have any questions or comments, please contact the Develop-
ment Services section at 345-7662.
In order that the Final Plat may be considered by the District for accep-
tance, the Developer shall cause the following applicable / standard condi-
tions to be satisfied prior to District certification and endorsement:
1. Drainage plans shall be submitted and subject to review and approval by
the District.
2. If public street improvements are required: Prior to any construction
within the existing or proposed public right-ofway, the following shall
be submitted and subject to review and approval by the District:
a. Two complete sets of detailed street construction drawings pre-
pared by an Idaho Registered Professional Engineer, together
with payment of plan review fee.
E
Edward A. Johnson
April 23, 1990
Page 3
b. Execute an Inspection
District together with
and/or testing services.
0
Agreement between the Developer and the
initial payment deposit for inspection
C. Complete all street improvements to the satisfaction of the Dis-
trict, or execute Surety Agreement between the Developer and the
District to guarantee the completion of construction of all street
improvements.
3. Furnish copy of Final Plat showing street names as approved by the
Local Government Agency having such authority together with payment
of fee charged for the manufacturing and installation of all street
signs, as required.
4. If Public Road Trust Fund deposit is required, make deposit to the
District in the form of cash or cashier's check for the amount speci-
fied by the District.
5. Furnish easements, agreements, and all other datum or documents as
required by the District.
6. Furnish Final Plat drawings for District acceptance, certifications,
and endorsement. The final plat must contain the signed endorsement of
the Owner's and Land Surveyor's certification.
7. Approval of the plat is valid for one year. An extension of one year
will be considered by the Commission is requested within 15 -days prior
to the expiration date.
Please contact me at 345-7662, should you have any questions.
COUNTY HIGE[WAY DISTRICT
D. Thompson
lopment Sery
4DT/ev
cc: Development Services
Chron
Terry Simmons, Boise City Public Works
Johnson Engineering, 6017 W State, Sp. 18, Boise ID 83703
CENTRAL *TRICT HEALTH DEPARTMENT 0
Review Sheet Return to:
_ Boise
_ Rezone # Eagle
Conditional use B Meridian
P elii r//FFinal/Short Plat _ Kuna
GC LL Ll/t l ( Q/Yl LI fiYl,C, A C Z
I. 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 dis-
posal.
6. We can approve this proposal for individual sewage dis-
posal to be located (2,4) feet above high seasonal ground
water, 4 feet above solid lava layers.
7. X We can approve this proposal for:
Central sewage _Interim sewage _Individual sewage
and Central water _Individual water _Community water
well. �� �Q�
8. Plans for XCeXnaI+T�g sewage _Sewage dry lines, and
4Central water _Community water must be submitted to and
proved by the Regional Health and Welfare Environmental
Services Office.
9.
10
11.
Street runoff is not to create a mosquito breeding problem.
This department would recommend deferral until high season-
al ground water can be determined it other considerations
indicate approval.
Reviewed y: Date
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OfHUB OF TREASURE VALLEY 40
OFFICIALS
A Good Place to Live
JACK
NICEGAS ,Trees Clerk
JANICE GATS, Treasurer
CITY OF MERIDIAN
BRUCE D. STUART, Water Works Supt.
WAYNE G. CROOKSTON, JR., Attorney
33 EAST IDAHO
EARL WARD, Waste Water Supt.
KENNY BOWERS, Fire Chief
MERIDIAN, IDAHO 83642
BILL GORDON, Police Chief
Phone 888-4433
GARY SMITH, City Engineer
GRANT P. KINGSFORD
Mayor
March
29, 1990
Mr. Roy Johnson, PE/LS
Johnson Engineering
8598 Fairview Ave.
Boise, Idaho 83704
RE: Mallard Landing Subdivision
Preliminary Plat
Dear Mr. Johnson:
COUNCILMEN
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERTGIESLER
MAX YERRINGTON
Chairman Zoning h Planning
JIM JOHNSON
I have reviewed your preliminary plat in accordance with
teh standards and policies of the City of Meridian and
have the following general comment:
This proposed subdivision of 25.79 acres is apparently
about a of the total property purchased for development.
The impact of a 110 acre development on our water, sewer and
street systems needs to be studied at the beginning to eli-
minate future surprises and or problems. I am proposing to
you and, by copy of this letter, proposing to Planning and
Zoning that at the minimum a "concept" plan be developed for
the total acreage.
Specific to this plat my review comments are:
1. The water line on S. Linder Rd. needs to be 10" diameter.
Your connection point to the existing city main is at
Barrett Drive, north of Ten Mile Creek. This will require
your crossing under Ten Mile Creek.
2. Lot 2, Block 6 and Lot 5, Block 5, appear to be less
than the minimum 8,000 square feet.
3. The drainage retention lot needs to be labeled as non -
buildable.
4. Crest Wood Estates No. 4 and No. 5 subdivsions are adja-
cent to your north boundary.
5. Show a 20 foot wide sanitary sewer easement on Lot 7,
Block 1.
6. Are the backs of the lots of Block 1 the center of Ten
Mile Drain? If so, doesn't a 50 foot wilde ditch easement,
including the existing ditch reider road exist on this
south side of the ditch? (An aerial topographic map does
exist for this piece of ground that shows the ditch, etc.
that could have been used as a base map.)
7. Woodhead Dr. and Drake Way are not acceptable names to
the Ada Co. Street Name Committee. They also request rever-
sing the numbering of Lots 9-18 in Block 3.
as
Mallard Landing Subdivision -Preliminary Plat
Page 2.
8. The sewer shown in Pintail Dr. should be 8" diameter
and extended to provide service to Lot 10.
9. Extend the sewer line on Canvasback Way to provide
service to Lot 4, Block 5.
10. Extend sewer line in Woodduck to provide service to
Lot 2, Block 1.
11. The street section shown for the 50' right of way
(Interior St.) needs to show a 5' sidewalk. Show the street
section for Linder St. Show an additional 7 foot wide road
right of way easement on Linder Road.
12. What is the status of Linder Road bridge over Ten Mile
Creek as regards width and load capacity?
13. Show the street light locations at intersections and
at about 350 foot centers.
14. Show the fire hydrant locations at approximately 400-450
feet on center.
15. Storm Drainage -Surface drain to the retention lot and
disposal to ? Maintenance and operation of the retention
lot will be by whom?
16. Provide a plan of the pressurized irrigation piping,
supply, etc.
I am returning my review print to you for your use in respond-
ing to my concerns and in making the necessary revisions.
Please return this review print to me with your resubmittal.
If you have any questions don't hesitate to call me.
Si cerely,
Gary D. Smith, PE
City Engineer
cc: File
B.Stuart
E.Ward
City Clerk
1
1
COMMENTS
1: Ada County Highway District: Nothing Received:
2: Central District Health: Can approve with central water & sewer:
3: Nampa Meridian Irrigation: All laterals & waste ways must be protected: Drainage must
be retained on site: Ten Mile Drain is Federal Drain: All right -a -ways must be protected:
4: Idaho Power Company: Require 10 ' wide easement along public right -away:
5: City Engineer: See Attached:
6: Police Department: No problems;
7: Building Department: No objections:
8: ADA COUNTY HIGHWAY DISTRICT COMMENTS & REQUIREMENTS ATTACHED:
9: PUBLIC HEARING HELD BEFORE THE PLANNTNG & ZONING CONwIRSION ON APRIL 10, 1990,
COMMISSION RECOMMENDED THAT THIS REQUEST.BE APPROVED:;
AMBROSE,
FITZGERALD
CROOKSTON
Attorneys end
Counselors
R.O. Bos 427
0 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 May 15, 1990, for
the purpose of reviewing and considering the Application of
Skyline Development, Inc., for a preliminary plat of Mallard
Landing Subdivision, which is generally located in the NE 1/4 of
Section 13, T. 3N., R 1W., Boise -Meridian, Ada County, Idaho,
for approval of an approximately 89 single-family dwelling
residential subdivision. The property is generally located near
the SE corner of the intersection of Linder Road and Franklin
Road.
A more particular legal description for the parcel 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,)day of April, 1990.
JAC
1
NIEMAN,N, CITY CLERK
Meridian City Council
September 6, 1994
Page 6
Kingsford: Likewise item #7
Yerrington: Second
Kingsford: Moved by Walt, second by Max to table all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #3: TABLED: FINAL PLAT - THE LANDING NO. 8, 48 LOTS BY THE SKYLINE
CORPORATION:
Kingsford: Is the Council prepared to take action on that?
Morrow. I believe it was tabled last meeting on my motion because there was nobody
representative of the development folks to make a small presentation if those folks are
here I would like to see that presentation.
Kingsford: Is the developer or his representative present? Were they alerted to that?
Morrow: I would move to table to the next meeting until they can be here to make their
presentation.
Corrie: Second
Kingsford: Moved by Max, second by Bob to table the Landing No. 8 until the next meeting
all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #5: TABLED: STUBBLEFIELD CONSTRUCTION - REQUEST FOR EXTENSION
ON TUMBLE CREEK SUBDIVISION:
Kingsford: They have likewise sent a letter requesting they be tabled until the next
meeting, entertain a motion to that effect.
Morrow. So moved
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to table Stubblefiield's request on Tumble
Creek Subdivision until the next meeting, all those in favor? Opposed?
•
MERIDIAN CITY COUNCIL
MAY 15, 1990
PAGE #10
Kingsford: Anyone else from the public to testify?
Roy Johnson, 6017 W. State Street, Boise was sworn by the attorney.
Johnson: I am the project engineer on this project. In response to Gary's comments,
we are in the process of preparing plans and design and we will be submitting that
to him sometime next week including the analysis of the water system. With regards
to ACHD, I have a letter here dated April 23 stating some site specific conditions
that he has put in here. Explained the conditions set forth.
Kingsford: Anyone else to testify? Being no response the Public Hearing was closed.
The Motion was made by Giesler and seconded by Tolsma to table this until the next
meeting June 6th.
Motion Carried: All Yea:
ITEM#5: PUBLIC HEARING: REZONE REQUEST & PRELIMINARY PLAT ON DUNTEN SUBDIVISION BY
CAPITAL DEVELOPMENT:
Kingsford: At this time I will open the Public Hearing, if you wish to testify please come
forward and be sworn.
Darlene Fallwood, 1800 Sunrise Rim, Boise, was sworn by the attorney.
Fallwood: I to come before you as a School District Representative, I currently am
the director of Elementary Education and I'm presently dealing with the overcrowding.
I am continuing to ask you to respond to his request for support a development fee and
that you also support an upcoming bond levy.
Roy Johnson, 6017 W. State Street, Boise, was sworn by the attorney.
Johnson: I am project engineer on this project also. We are asking for a zone change
for this property the specific reason for that is the area surrounding we have an R-15
zone directly to the west and to the north is zoned R-4, however the lots in that particular
subdivision are smaller because it's a older subdivision. We have submitted the plans
to your engineer for review and we've complied with everything that he has requested.
Giesler: What price range of home will there be?
Johnson: The lowest end would be $70,000. up to about $100,000.
Giesler: How soon does he plan on starting construction?
Johnson: Immediately, as soon as Gary approved the plans we will be starting.
Giesler: What about the pressurized irrigation.
Johnson: We have the pressurized irrigation design as submitted according to the Ordinance.
Kingsford: Anyone else from the public?
I IJ
MERIDIAN PLANNING & ZONING
APRIL 11, 1990
PAGE #8
Crookston: I think I misunderstood your comment about a double level garage. Is it
a two car garage.
Miller: A two car garage.
Johnson: Anyone else from the public to testify, being no response the Public Hearing
is closed.
The Motion was made by Alidjani and seconded by Shearer to have the Attorney prepare
Findings of Fact and Conclusions of Law for Weathervane Village:
Motion Carried: All Yea:
The Motion was made by Rountree and seconded by Shearer to recommend to the Meridian City
Council approval for this Conditional Use Permit.
Motion Carried: All Yea:
ITEM #6: PUBLIC HEARING: PRELIMINARY PLAT FOR MALLARD LANDING (SKYLINE DEVELOPMENT):
Johnson: We are in receipt of a concept plan.
Recess was called - Meeting back to order.
Johnson: I will open the Public Hearing. Is there a representative present to testify.
Roy Johnson, 6017 W. State St., Boise, was sworn by the Attorney.
Johnson: I am the project Engiineer. The project itself is 110 acres total, I have
submitted a concept plan for the balance of the property. The first subdivision is 89
lots plus 1 lot that is set aside for detention for the drainage. The property is zoned
R-4 which allows us to go 8,000 sq. ft. lots. You'll find thatalongLinder and along
the south side of the property we have much larger lots, we have an overall density
of 2Z lots per acre. We are reserving a 30 ft. easement along Linder Road which we
landscaped. It'll be a burm approximately four feet high. One other thing that was not
on the original application, the lot at the SW corner of the subdivision was a flag lot
coming out onto the street, the interior street, in meeting with ACRD they allowed us -- - -
to have frontage of that one lot onto Linder Road. -- -_
Rountree: Does this go- all -the -way -to-the €reeway7 ---- --- -
Johnson: Yes it does.
Rountree: Have you considered any solution the problem those folks are going to have
on Lot 6 abutting the interstate with the noise.
Johnson: What we did with the back lots, those lots are 140 ft. deep, and the -plan -
would be to put a burro as high as we can get it along the interstate to alleviate some
of the noise problems.---.- - - -
Hepper: A pressurized irrigation system -
Johnson: If this is required then we will provide that pressurized system if necessary.
14
MERIDIAN PLANNING & ZONING
APRIL 10, 1990
PAGE #9
Crookston: On that flag lot is that going to cause a problem with the lot to the
north with fencing abutting Linder Road and the other one having their front yard
there.
Johnson: Explained. (Tape on File)
Crookston: Your comments about the burm along the interstate. We have had problems
in Crestwood Estates with, there was initially a desire to have a burm with a six
foot fence on top of the burm and that was not allowed, so you should be aware of this.
Johnson: May request a fence on top of the burm along the interstate.
Crookston: Excuse me that's what I meant, along the interstate.
Ted Johnson, 5330 Farrow St., Boise,- was sworn by the Attorney.
Johnson: I am the developer of this project. I have been in land development for
23 years in Boise. We want to bring a good quality project to Meridian, we think
that this location is ideally suited for this. We plan to do &lot with trees and
planting of shrubs, we do think alot of noise and traffic sound.
Hepper: What was the size of the homes.
Johnson: Most of them will be 1400 to 1500 sq. ft..
Hepper: You will probably be going 1300 or more.
Johnson: The lots are quite large and they would lend themselves to the larger homes.
Chairman Johnson: Anyone else from the public who wishes to testify? - —
Jim Rittmueller,4535 Ramblin Rose, was sworn by the Attorney.
Rittmueller: I have nothing against the subdivision, I'd like to raise a few issues
for you folks to consider. I currently live very close to Clover Creek. It's a -
real nice subdivision, one of the things I would concern myself with before we put
in a subidivision like this especially with the number ,of potential homes -and things - - -
like that is the ability to address traffic issues -up front and make some adjustments
-
to intersections, traffic lights, etc. before it all happens. Along with that would
be some ideas for providing -schools & parks. Another thing, how are we going to
treat Ten MIle Drain.
Chairman Johnson: Anyone else present to testify.
Gary Fors, 843 Lilac, was sworn by the attorney.-
Fors:
ttorney. Fors: I hAve no objections to this subdivision, -although I would like to request that
there would be'a chain link fence put on the south side of the property. I do have a
business adjacent to the south of the property. I would definitely want a fence.
I didn't understand what was meant by the drainage lot.
Clerk Niemann: Explainedwhata drainage lot was.
MERIDIAN CITY COUNCIL
APRIL 10, 1990
PAGE #10
Fors: You are aware that my drain irrigation water goes through that lot.
Are any of you aware of the water table? Voiced concerns about the water table.
Johnson: Anyone else to come forward?
Steve Seamon, 515 S. Linder,, was sworn by the attorney.
Seamon: I live just west of what was the flag lot. The main concern that I have is
the road access to the subdivision,, it looks like it will put alot of traffic onto
Franklin Road which is at times built up pretty much anyway. I'd like to see more
access to the subdivision other than Franklin Road.
John Calhoun,, 660 S. Linder,, was sworn by the attorney.
Calhoun: My biggest concern is the traffic. If we do this subdivision we do need a
light at the intersection of Franklin & Linder. I would 'like to see Waltman Lane gc
all the way through eventually,, that would take alot of the traffic off of Franklin and
other roads.
Johnson: Anyone else to testify,, being no response,, the Public Hearing is closed.
Rountree: Has the City Engineer looked into the drainage and ground water situation?
Johnson: We will have to look into it. We will follow up.
Rountree: Are you folks willing to work with Mr. Fors -in terms of fencing and such with
his parcel
Johnson: The question of the fencing along the south boundary is a good idea. We
could put it into the covenants that a buffer fence is required around that back lot line.
We would have a problem with _a chain link fence. --
Alidjani: How hard would it be to get you to put in some --kind of park area in?
Johnson: We do intend to put a park in there. In this first phase there will be a park
like setting in the front,, back into the parcel there is a place in there where there is
about an acre or two that would make an ideal park area, we are studying that now.
It is our intention that there will be some place for the 'kids to go.
The Motion was made by -Tepper and seconded,by Shearer to approve the preliminary plat
for Mallard Landing.
The Motion was made by Rountree to amend that Motion to include that the eventual concept
of this subdivision doesincluderecreational park like setting for the use of the -- - - -
neighborhood,, this amended Motion was --seconded by Alidjani. -
Hepper withdrew his original motion.
Motion Carried: All Yea: - -- - - _
ITEM #7: PUBLIC HEARING: REZONE REQUEST W/PRELINIMARY PLAT FOR CAPITAL DEVELOPMENT:
CHERRY LANE MEADOWS:
0 0
MERIDIAN CITY COUNCIL JUNE 5, 1990
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, Bert Myers, Bob Giesler, Max Yerrington:
Others Present: Clark Clough, Roy B. Johnson, D'Arlene Stutzmaz, Paul Stutzman, William
Crowe, Kevin Robertson, Jim Johnson, Gary Fors, Terry Smith, Jim Titmus, Gary Smith,
Dave Turnball, Jack Smith, Moe Alidjani, Candy Tipton Wayne Crookston:
MINUTES OF THE PREVIOUS MEETING HELD MAY 15, 1990: The Motion was made by Giesler and
seconded by Tolsma to approve the Minutes as written:
Motion Carried: All Yea:
Kingsford: Read a Proclamation declaring June 23, 1990 as Pain_ the Town Day.
ITEM #1: REZONE REQUEST BY BOESIGER, INC.: TABLED AT LAST MEETING:
Kingsford: We received a letter requesting that this be contin::ed pending Planning
and Zoning's amending the Comprehensive Plan, I have talked wit.': Crookston and I
understand that those Findings of Fact and Conclusions of Law are being prepared on
that subject and that we don't have a definite time frame that that will hit the
City Council although I anticipate that they will look at those Findings at next week's
meeting, then being forwarded to us for the first meeting in July or later.
The Motion was made by Tolsma and seconded by Yerrington to table this rezone request
by Boesiger until the next meeting.
Motion Carried: All Yea:
ITEM #2: PRELIMINARY PLAT ON MALLARDS LANDING: TABLED AT LAST MEETING:
Tolsma: The problem that we had with that was on the Waltman Lane Extension?
Eng. Smith: I have since reveiwed our existing water system in that area and I think
we don't have a problem serviceing the 89 lots that are being proposed on this
preliminary plat with our existing system. I intend in the near future working out
some kind of an agreement with a consulting engineering firm to investigate the
capacity of our overall water system in the City of Meridian.
The Motion was made by Tolsma and seconded by Myers to approve the Preliminary Plat on
Mallards Landing:
Motion Carried: All Yea:
ITEM #3: ORDINANCE #533: REZONE OF SHARON OLSEN PROPERTY:
Kingsford: Read - AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY
IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A TRACT OF LAND WHICH IS PART
OF LOT 1 IN BLOCK 6 OF WELKER SUBDIVISION, MERIDIAN, IDAHO AND F PART OF THE NORTHWEST 1/4
OF THE NORWEST 1/4 OF SECTION 12, ALL IN SECTION 12, T'OWN.SHIP 3 NORTH, RANGE 1 WEST OF
THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIlE DATE.
MERIDIAN CITY COUNCIL
MAY 15, 1990
PAGE #7
Giesler: I would hate that walkway get blocked off.
Clerk Niemann: It's a permanent easement.
Kingsford: In Mr. Mitchell's letter it spoke of parking behind the unit, is that stil
your plan?
Olsen: No.
Kingsford: That has changed?
Olsen: Yes, it has.
Kingsford: How do you plan to deal with the power poles and that sort of thing?
Olsen: It was all marked on the proposed site plan.
Giesler: I don't believe ACHD's comments were in for P & Z, do you have any problems
with those comments?
Discussion. Tape on File.
Kingsford: Is there anyone else who would like ito offer testimony, being no response
I will close the Public Hearing.
Giesler: This is a very tough decision. I do feel for the rest of the neighbors having
something that large being build next to them.
The Motion was made by Giesler and seconded by Yerrington to approve of the Findings
of Fact and Conclusions of Law.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea; Myers - Yea:
Motion Carried: All Yea:
The Motion was made by Giesler and seconded by Tolsma to draw up the Ordinance with
the stipulation that it have design review.
Motion Carried: All Yea:
ITEM #4: PUBLIC HEARING: PRELIMINARY PLAT ON MALLARDS LANDING:
Kingsford: I will open the Public Hearing, is there anyone who would like to offer
testimony?
Gary Fors, 843 Lilac, was sworn by the attorney.
Fors: I haven't seen the final plat on this phase. The one concern that I have is
the traffic pattern, they will have to come out onto Linder Road.
MERIDIAN CITY COUNCIL
MAY 15, 1990
PAGE #8
There isn't any reason not to punch it out onto Waltman Lane and enhance into Meridian
Road, which I think in the future will be done anyhow. A little respect for the neighborhood
is in good consideration. Also I do have a business that adjoins this on the south,
I would like to see a fence put in along the property line.
Nick Hallett, 7500 Hidden Valley Drive, was sworn by the attorney.
Hallett: Is this for 89 homes? I am here representing Meridian School District and
we've not become very involved in opposing growth. The School District recognizes that
we need economic development, a good economy for our economony and our school district
both. There comes a point and time that we have to address the overcrowding needs
in our school district. Explained overcrowding in schools at Meridian now. We've reached
a point where we have to oppose residential growth in our school district unless we
can get a pledge from officials responsible for growth. We need your support.
Kingsford: What your asking for is basically support for bond issue and support for
development fees. What has happened with the issue of Lottery money and the possibility
of using that as a 50/50 match in a bond issue.
Hallett: We intend to use the proceeds from the lottery fund for this coming year and
the next year to help us meet the demands in that bond issue. If we could use a combination
of all three the development fee, the lottery and the bond issue it would help.
We need support going into that.
Tolsma: Would your development fee be similar to the one that ACHD is proposing?
Hallett: Basically what we are proposing is just 38 of construction value of residential
homes.
Kingsford: Thank you, those are concerns that we all share. Anyone else from the public
who wishes to testify?
Dan Battazzo, 3076 Gretchen Way, was sworn by the attorney.
Battazzo: I am here to support Dr. Hallett in the things that he just expressed to
you.
Luther Hartshorn, 465 Linder Rd., was sworn by the attorney.
Hartshorn: At the SW corner of this development there is one lot that faces onto Linder
Road and that piece of property isn't really like the rest of the development. That
piece of property ought to be taken and used for square footage for a burm or some sort
of green belt thing along the sidewalk. At Franklin & Linder Road that intersection
already needs to have a stop light. We increased housing we are going to need to sort
of traffic regulation.
Robin Frazier, 3301 Kingswood Way, Boise, was sworn by the attorney.
Frazier: Voiced concerns about classsroom overcrowding. I would like to see no more
growth in our school district until we get some schools on line.
John Calhoun, 660 S. Linder, was sworn by the attorney.
Calhoun: On the 38 they want to charge, there are two ways about this the developer
is not going to pay for this out of his own pocket.
MERIDIAN CITY COUNCIL • •
MAY 15, 1990
PAGE #9
Calhoun: It's going to cost the younger people that's trying to buy a home. On the
other hand I don't like to see taxes raised for school property, I am getting up to retire—
ment age, every year our taxes go up. I'm in favor of running these schools 12 months
a year. I am in favor of another access, or put in a stop light.
Kingsford: Anyone else from the public who wishes to testify?
Matie Livingston, 465 S. Linder, was sworn by the attorney.
Livingston: I am concerned about the amount of impact, the amount of houses on such a
small piece of land. The houses that are already in on Linder Road are to close together
and the houses are to large for the lots. The area cannot contain that much human
impact. A burm needs to be put in along Linder.
Kingsford: Anyone else?
Ted Johnson, 5330 Farrow Street,. Boise was sworn by the attorney.
Johnson: I am the applicant in this request. I would like to describe what we are
planning here. Some of the features in this first phase would be a large landscaped
burm on Linder, we would not have a fence. The burm will be landscaped with trees
and shrubery and a meandering sidewalk & two access's on the street. The project
abutts Ten Mile Creek, there is a creek along there and there is a roadway access
along that and it is our intention to put in a fence along that and some screening
for trees to give it some greenery. The lots here are quite a bit larger than
the minimum. I don't think there is anyone that has worked harder to help the School
District than I have. In another Phase of our work, we are developing a high tech research
center in Boise, and I can tell you that within the last twelve because of our efforts
over fourteen million dollars worth of new building will come on the tax rolls in the
Meridian School District. If that isn't helping I don't know what is. I don't
generate the people that come into my subdivisions.
Kingsford: Having gone through teaching here in Meridian I have seen the cycle that
you are talking about. We need to keep everything in some sort of prospective.
Engineer Smith: I just wanted to reiterate the impact of a subdivision of this size.
It's 110 acres and probably looking at 390 residential units. I did request an
overall concept plan for the layout plan of this subdivision, I have received this.
I also requested an overall plan for the water and sewer system including fire flow
demands, etc., I haven't been in contact with Mr. Johnson the project engineer since
then to see what he has come up with. One other item that needs to be addressed is
access to the subdivision from arterial and minor arterial streets. I think that
those three things are important. I just want to be sure of where we are going.
Giesler: You haven't seen anything about traffic study at Linder .& Franklin.
Smith: No I haven't. On a preliminary plat basis I think it is real important that
the whole picture be looked at.
Giesler: Why wasn't that intersection taken care of when they did that construction
out there last year? At Waltman & Meridian Road.
Kingsford: When the Nahas property is developed, that is part of there scheme is that
that intersection will have to be improved.
•
RECUEST FOR SUPDIVISION APPROVAL
PRELIHINARY PLAT AND/OR FINAL PLAT
PLANNJr C ANP Znr!ING corr isslnN
TIME TABLE FOR SUENIISSION:
A reauest for preliminary plat approval must be in the City
Clerks possession no later than three days following the regular
meeting of the Planning and Zoninq Commission.
The Planning and Zoning Commission will hear the request at
the monthly meetinc following the month the request was made
After a proposal enters the process it may be acted upon at
subsequent monthly meetings provided the necessary procedures and
documentation are received before 5:00 P:P?:,Thursday following
the Plannino and Zoninn Commission action.
GENERAL INFOFr!ATIor:
1. Name of Annexation and Subdivision,Nallard Landino
2. General location,V:est side of Linder Rd S. of Franklin
Owners of record,Skyline Development Inc.
Address 9512 Fairview Ave ,Zip83704 Telep.377-410A
4. ApplicantSkyline Pevelopment Inc.
Address 5512 Fairview Ave
5. Engineer,Roy Johnson FirmJohnson Fneineerinq
Address8598 Fairview Ave. ,Zip 8.3704
Telephone 323-7563
6. Name and address to receive City billings:Name Skyline
Development Inc.A.ddress9512 Fairview A.velip837o4
Telephone 377-41Ci4
RECUEST FOR PRELIMINARY PLAT:Planning and Zoning Commission
continued:
Page 2
PRELIPINA.PY PLAT CHECKLIST: Subdivision Features
IV
1. Acres 25.79
2. Number of lots 89
3. Lots per acre 3.45
4. Density per acre 3.45
5. Zoning classifcation(s) R 4
6. If the proposed subdivision is outside the Meridian City
limits but within the jurisdictional mile, what is the
existing zoning classification
7. Does the plat border a potential green belt No
8. Have recreational easementF been provided for No
9. Are there proposed recreational amenities to the CityNo
Nc Explain
IC. Are there proposed dedications of common areas? Yes
11
12
Explain Drainage detention lot and landscapin
For future parks? No Explain
MINARY PLAT CHFULIST: Subdivision features continued
V."hat school(s) service the area Meridian ,do you
propose any agreements for future school sites No
Explain
Other proposed amenities to the City
Water Supply Meridian City Fire DepartmentMeridian
Other Explain
0 0
REChEST FOR PRELIMINARY PLAT:Planninq and Zoning Commission
continued:
Page 3
13. Type of building (Residential, Commercial, Industrial or
combination Residential
16. Type of Dwelling(s) Single family, Duplexes, Multiplexes,
other Single family
15. Proposed development features:
a. Minimum snuare footage of lot(s), 8000
b, Winimum square footage of structure(s),as per city
code
c. Are garages provided for,Yes square footagecode
d. Are other coverings provided for No
e. Landscapino has been provided for,individual
Describe
f. Trees will he provided for no ,Trees will be
maintained individual _
g. Sprinkler systems are provided for
No
h. Are there multiple units no ,Type
remarks
i. Are there special setback requirements N
Explain
j. Has off street parking been provided forindi� dual
Explain.-
--
k. Value range of pruperty 14000 to 18000 _—
1. Type of financing for development Bank _
m. Protect.ivc covenants were submitted er�ll hP
Date
RECUEST FOR PRELIMINARY PLAT: PIannion and Zonino Commission
continued:
Paoe q
PRELIt'INARY PLAT CHECKLIST: Subdivision features continued
16. Coes the proposal property lock other property No
STATEt'ENTS OF COMPLIANCE:
1. Streets, curbs, cutters and sidewalks are to he constructed
to standards as required by Ada County Highway District and
Meridian Ordinance. Dimensions will be determined by the
City Engineer. All sidewalks will be five (5) feet in
width.
2. Proposed use is in conformance with the City of Meridian
Comprehensive Plan.
0 0
GENERAL INFORP"A-TION:
1. Name of Annexation and Subdivision,N.allard Landing
2. General location,VIest side of Linder Rd S. of Franklin
3. Owners of record,Skyline Development Inc.
Address 9512 Fairview Ave ,Zip63704 Telep.377-4104
4. ApplicantSkyline Development Inc.
Address 9512 Fairview Ave
5. Ennineer,Roy Johnson
Address8598 Fairview Ave
Telephone 323-7563
FirmJohnson Enoineerin
,Zip 83704
6. Name and address to receive City billines:Name Skyline
Development Inc.Address9512 Fairview AveZip83704
Telephone 377 -LUL
0 •
March 16, 1990
HAL LP PO LANOINC
A portions of the NUJ 1/4 of Section 13, T. 3 N., P. 1 fid.,
A. M., Meridian City, Ada County, Idaho more particularly
described as follows:
Commencinn at the Northwest corner of section 13, T. 3N., R.
1 lei., Boise Veridian, thence
S. OO°OO'35" E
thence
S. CIO °00'35" E.
S. F,9049'O(" E.
N. 00°00'35" W
N. P9"17'n6" E.
N. 60"18'06" F.
N. 1757'00° E.
N. C1"06'52" E.
N. 17"57'0,0" E.
N. 7?°03'00" V.
S. OF001'37" E.
^:. 72"03'00
5. 17°57'011" U
N. 72003'00" k'.
N. 68"27'013" W.
N. 60'07'07' w.
N'. 29053'00" E.
N. 6n"07'00" 4.
N. 46"12'30," td.
N. 57030'00" W.
574,63 feet to the point of beninnino,
1287.56 feet, thence
990.00 feet, thence
47.P5 fest, thence
141.33 feet, thence
5C.62 feet, thence
411.26 feet, thence
52.24 feet, thence
145.00 feet, thence
23.01 feet, thence
26.2P feet, thence
60.00 feet, thence
1C.00 feet, thence
672.P6 feet, thence
375.26 feet, thence
50.nc feet, thence
10.00 feet, thence
64.x7 feet, thence
165.85 feet, thence
2CC.26 feet to the point of heoinnino.
Contains 25.79 acres
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MASTER DECLARATION
OF
. COVENANTS. C NDITIONS RESTRICTIONS AND EASEMENTS
FOR
THE LANDING SUBDIVISION
May 1s, 1991
ARTICLE 1.
RECITAL
WHEREAS, the undersigned (hereafter 'Grantor') Is the owner of certain land In Ada County, Idaho, more particularly
described as follows (hereafter "Properly):
Lots 1 through and including 15, and Lot 20, Block 1; Lots 1 and $ Block 2; Lots 1 through and including 8,
Block 3; and Lot 11 of Block 4, THE LANDING SUBDMSION NO. 1, according to the official plat thereof filed
In Book 58 of Plats at Pages 5548 and 5549, records of Ada County, Idaho.
WHEREAS, the Grantor desires to subject the Property to the covenants, conditions, restrictions, easements, reservations,
limitations and equitable servitudes herein set forth to Q) Insure the enhancement and preservation of property values, QI) provide
for the proper design, development, Improvement and use of the Property by the Grantor and all other persons or entities who may
subsequently acquire an Interest In the Property and Qil) create a residential development of high quality;
WHEREAS, as additional land owned by the Grantor adjacent to the Property is platted and developed for uses similar
to that of the Property, upon election by the Grantor, such shall become subject to the terms of this Master Declaration by annexing
the same as provided herein;
WHEREAS, because The Landing Subdivision will be developed In several phases, each of which may have unique
characteristics, needs and requirements, the Grantor may, from time -to -time, promulgate further conditions, covenants, restrictions and
easements as 'Supplemental Declarations' relating to particular tracts or parcels of real property within The Landing Subdivision; and
WHEREAS, In order to achieve the objectives and desires of the Grantor, the Grantor will control the management and
government of the Property and the non-profit association of Owners to be created until such time as the Owners take over the
management functions through the Association upon substantial completion of the development process.
ARTICLE II.
C'IIela�::Sael�l
The Grantor hereby declares that the Property and each lot, tract or parcel thereof (hereafter called 'Lot; unless specified
to the contrary), Is and shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and Improved subject to
the following covenants, conditions, restrictions, easement, reservations, limitations and equitable servitudes (hereafter collectively called
.covenants and restrictions'), all of which are declared and agreed to be in furtherance of a general plan for the protection,
maintenance, subdivision, Improvement and sale of the Property or any Lot therein, and to enhance the value, desirability and
attractiveness thereof. The covenants and restrictions set forth herein shall run with the land and each estate therein and shall be
binding upon all persons having or acquiring any right, title or Interest in the Property or any Lot therein; shall Inure to the benefit
of every Lot In The Landing Subdivision and any Interest therein; and shall Inure to the benefit of and be binding upon the Grantor
and each Owner, and each successor in Interest of each, and may be enforced by the Grantor by and any Owner, or by the
Owner's Association, as hereafter provided.
Notwithstanding the foregoing, no provision of this Master Declaration shall be construed or enforced to prevent or limit
the Grantor's right to complete development of the Property In accordance with the plan therefor as the same exists or may be
modified from time to time by the Grantor nor prevent normal construction activities during the construction of Improvements upon
any Lot in The Landing Subdivision. No development or construction activities shall be deemed to constitute a nuisance or violation
of this Master Declaration by reason of noise, dust, presence of vehicles or construction machinery, erection of temporary structures,
posting of signs or similar activities, provided that the same are actively, efficiently and expeditiously pursued to completion. In
the event any dispute concerning the foregoing shall arise, a temporary waiver of the applicable provision($) of this Master
Declaration may be granted by the Architectural Control Committee provided that such waiver shall be for a reasonable period of
time. Any such waiver need not be recorded and shall not constitute an amendment of this Master Declaration.
In the event of any conflicts between the provisions of this Master Declaration and the requirements of the applicable
ordinances of the City of Meridian, Idaho, the more restrictive shell control.
ARTICLE 111,
DEFINITIONS
As used in this Master Declaration, unless the context otherwise specifies or requires, the following words and phrases shall
be defined as follows:
6Q2. The Architectural Control Committee for The Landing Subdivision.
ACC Rules/ACC Standards: Such rules or standards promulgated by the ACC as authorized herein.
Annexation: The process by which additional tracts or parcels of land not initially a part of the Property are
made subject to this Master Declaration..
Assessment: A payment required of Association members, Including Regular, Special or Limited Assessments as
provided in this Mester Declaration.
Association: The Landing Owners Association, Inc., an Idaho non-profit corporation.
ar : The duly elected and qualified Board of Directors of the Association.
MASTER DECLARATION - 1
an & Lot on a temporary or permanent basis
less specified
contrary: A structure constructed appurtenances and improvements thereto or used inNconnection therewith. the
contrary, shall Intrude all other app
By -Laws: The By -Laws of the Association, Including any amendments thereto duty adopted.
.Qmon Area: All real property within The Landing Subdivision in which the Association owns an Interest or
controls and which is held or controlled for the betterment of The Landing Subdivision.
Development: The project to be undertaken by the Grantor resulting In the Improvement of The Landing
Subdivision or any additional property annexed hereunder, Including landscaping, amenities, construction of
roadways, utility services and other Improvements.
Grantor : The undersigned owner of the land comprising The Landing Subdivision.
Improvements: All structures and appurtenances thereto of all kinds and types, Including but not limited to.
Buildings, roads, driveways, parking lots, sidewalks, walkways, walls, fences, screens, landscaping, poles, signs
and lighting. improvements shall not Intrude those hems which are located totally on the interior of a Building
and cannot be readily observed when outside thereof.
Initial Construction: The first construction of permanent Improvements on a Lot following the sale of that Lot
by the Grantor to an Owner, and Intended for residential occupancy.
Limited Assessmen. An Assessment levied by the Association upon oneorthe
Lots, but riot upon all Lots
within The LandingSubdivision, for the purpose of securing payor ( )
thereof expended by the Association to correct a condition prohibited or to cure an Owner's breach hereunder.
Lot: A portion of the Property which Is a legally described bad or parcel of land within The Landing Subdivision
or which is designated as a Lot on any recorded subdivision plat relating to the Property.
Master Declaration: This Instrument as It may be amended from time to time.
Master Plan: The overall master development plan prepared by the Grantor for the whole of The Landing
Subdivision, as the same exists from time -to -time and which illustrates the proposed total development
contemplated by the Grantor and the nature and location of each of the uses Intended to be allowed within the
Property. Provided, that no use shall be allowed within The Landing Subdivision unless the same Is in
accordance with the applicable zoning ordinances.
Member: Any person(s) who Is an Owner of a Lot within The landing Subdivision.
Mortgage: Any mortgage or deed of trust or other hypothecation of land located in The Landing Subdivision
to Secure the performance of an obligation. Unless otherwise specifically provided, the reference to a 'Mortgage'
In this Master Declaration shall be limited to a Mrst Mortgage; including a first Deed of Trust,- on a Lot In The
Landing Subdivision.
Mortgagee: The holder of a Mortgage or the beneficiary under a Deed of Trust, including an assignee(s) thereof,
which Mortgage or Deed of Trust encumbers a Lot In The Landing Subdivision owned by an Owner. Unless
otherwise specifically provided, the reference to a 'Mortgagee' In this Master Declaration shall be limited to a
holder of a first Mortgage, Including a beneficiary under a first Deed of Trust on a Lot.
Occupan: Any person, association, corporation or other entry who or which Is an Owner, or has leased, rented,
been licensed, or Is otherwise legally entitled to occupy and use any Building or improvement on a Lot whether
or not such right is exercised, Intruding their heirs, personal representatives, successors and assigns.
Owner: A person or persons or other legal entity or entities, Including the Grantor, holding fee simple title to
a Lot in The Landing Subdivision, intruding contract sellers, but excluding those having such Interest merely as
security for the performance of an obligation, but Intruding any Mortgagee (d any priorly) or other security
holder provided said Mortgagee or other security holder Is In actual possession of a Lot as a result of foreclosure
or otherwise, and any person taking title through such Mortgagee or other security holder by purchase at
foreclosure sale or otherwise.
Plat: A final subdivision plat covering any real property in The Landing Subdivision, as recorded in the office
of the County Recorder, Ada County, Idaho, as the same may be amended by duly recorded amendments
thereto.
Regular Assessment: An assessment levied by the Association to provide funds to pay the ordinary estimated
expenses of the Association.
Soecial Assessment: An assessment levied by the Association other than a Regular or Limited Assessment.
Sub -Association: An Idaho non-profit corporation or unincorporated Association organized by the Grantor or by
any Owner(s) pursuant to a Supplemental Declaration recorded by the Grantor for any specific bad or parcel
within The Lending Subdivision. Unless specifically provided to the contrary, or the context requires otherwise,
a reference to 'Association' shall Intrude 'Sub-Assoclatlon.'
Sub -Association Board: The duly elected and qualified Board of Dlreotors of a Sub- Association. Unless
specifically provided to the contrary, or the context requires otherwise, reference to 'Board' shall Include
'Sub•Aeaodation Board'
Supplemental Declaration: The additional or different conditions, covenants, conditions, restrictions and easements
relating to a particular tract or parcel of real property within The Landing Subdivision promulgated by the Grantor
and recorded in the official records of Ada County, Idaho. Unless specifically provided to the contrary, or unless
the context otherwise requires, a reference to 'Master Declaration' shall Include 'Supplemental Declaration.'
MASTER DECLARATION - 2
0 0
The Landlna Subdivision: The whole of the Property and any additional land annexed thereto as provided herein,
Including any such additional land as may be platted and annexed hereunder under a different name (also
sometimes referred to herein as 'Properly").
The Landing Owners Association, Inc: The Idaho non-profit corporation organized by the Grantor and
compromised of Members and existing for the purpose of providing self-government for the Property.
ARTICLE IV.
PURPOSE
The Property is hereby made subject to the covenants and restrictions contained in this Master Declaration, all of which
shall be deemed to be Imposed upon and run with the land and each and every Lot and parcel thereof, and shall apply to each
and every Owner and Occupant thereof and their respective successors In Interest, to Insure proper design, development,
Improvement, use and maintenance of the Property for the purpose of:
(a) Insuring Owners and Occupants of Buildings of quality of design, development, Improvement, use and
maintenance as shall protect and enhance the Investment and use of all Lots and Improvements.
(b) The prevention of the erection In The Landing Subdivision of Improvements of Improper design or
construction with Improper or unsuitable materials or with Improper quality and method of construction.
(c) Encouraging and insuring the erection of quality and attractive Improvements appropriately located within
the Property to assure visual quality and harmonious appearance and function.
(d) Securing and maintaining proper set -backs from streets and open areas In The Landing Subdivision and
adequate free spaces between Improvements.
(e) The Integration of development of the different Lots by salting common general standards consistent
with the ACC Rules/ACC Standards existing from time to time.
(Q Insuring attractive landscaping and the conservation of existing natural features with minimum adverse
Impact on the ecosystem.
As used hereafter, 'Project Objectives' shall mean the foregoing specified purposes.
ARTICLE V.
PERMITTED USES AND PERFORMANCE STANDARDS
SECTION 5.01. Yse. Unless as otherwise designated on the Master Plan for The Landing Subdivision, or unless
otherwise specified In a Supplemental Declaration covering a particular Lot(s) or paroel(s), Lots shall be used only for residential
purposes and such uses as are customarily Incidental thereto and Common Area.
SECTION 5.02. Buildings. Except as otherwise designated on the Master Plan for The Landing Subdivision, or unless
otherwise specified for a particular Lot, tract or parcel in a Supplemental Declaration, no Lot shall be Improved except with one
(1) dwelling unit. Each dwelling unit shall have an attached or detached fully enclosed garage adequate for a minimum of two
(2) and a maximum of three (3) standard size automobiles. No carports shall be allowed. Unless otherwise specified In a
Supplemental Declaration recorded after the date of this Master Declaration, the minimum quare footage of living area within the
dwelling unit located on a Lot shall be 1,300 quare feet. The quare footage of living area shall be based on the Interior living
space at or above the grade of the Lot, exclusive of basement, porches, patios and garage.
SECTION 5.03. Approval of Use and Plans. No Improvements shall be built, constructed, erected, placed or materially
altered within the Property unless and until the plans, specifications and site plan therefor have been reviewed In advance and
approved by the ACC In accordance with the provisions of Article X, below.
SECTION 5.04. Prohibited Buildings/Uses. No trailer or other vehicle, tent, shack, garage, accessory building or out
building shall be used as a temporary or permanent residence. No noxious or offensive activities shall be conducted on any Lot
nor shall anything be done thereon which may be or become an unreasonable annoyance or nuisance to the Oocupant(s) of the
other Lots within the Property by reason of unsightliness or the excessive emission of fumes, odors, glare, vibration, gases, radiation,
dust, liquid waste, smoke or noise. No aplitentry Buildings or Buildings having more than two (2) stories shall be allowed.
SECTION 5.05. Ser -Backs. No building or other structure (exclusive of fences and similar structures approved by the
ACC) shall be located on a Lot nearer to a Lot line than Is permitted by the applicable ordinances of the City of Meridian, Idaho;
provided, however, the ACC shall have the right to stagger the front setbacks of the Lots in order to create a more pleasing
appearance and to minimize the negative visual appearance of a uniform building line.
SECTION 5.76. Antennae. No exterior radio antennae, television antennae or other antennae, Including a satellite dish,
shall be erected or maintained on a Lot without the prior approval In writing by the ACC.
SECTION 5.07. Easements. There is hereby reserved for the use and benefit of the Grantor and granted for the use
and benefit of each Lot, and for the use and benefit of each Owner and Occupant, and for the use and benefit of the Association,
and their successors and assigns, for the purposes Incident to such use, development and maintenance of the Property, the following
easements:
(a) For the installation and maintenance of public utility facilities of all kinds, Including radio and television
and transmission cables, the easements so designated on the recorded Subdivision plat(s) for The
Landing Subdivision.
(b) For the purpose of permitting the Grantor or the Association, their contractors and agents, to enter onto
those portions of Lots contiguous to any Common Area to maintain, replace and restore landscaping
and other Improvements within the Common Area.
(c) Reciprocal appurtenant easements of encroachment as between each lot and such portion or portions
of the Common Area adjacent thereto, or between adjacent lots, due to the unintentional placement or
settling or shifting of the Improvements constructed thereon, which easements of encroachment shall be
valid so long as they exist and the rights and obligations of Owners shall not be altered in any way
by Said encroachments, sealing or shifting; provided, however, that In no event shall a valid easement
for encroachment occur due to the willful act or acts of an Owner.
MASTER DECLARATION - 3
0 0
(d) Any additional easements. If any, as shown and designated on the recorded subdivision plat for The
Landing Subdivision.
The easement areas (excluding any equipment or appurtenances owned by the Grantor, the Association or a utility company
located thereon) herein reserved shall be maintained by the Owner of the Lot upon which they an situated.
No Improvements shall be placed or permitted to remain on such easement areas located within any Lot which shall
Interfere with the Intended use or purpose of such easement(s), and no other activity shall be undertaken on any Lot which may
Interfere with the use and access Intended to be provided by such easement or the Installation or maintenance of the utilities or
other facilities, If any, located thereon or therein.
SECTION 5.05. Lighting. Each Owner shall install an exterior pole light in the front yard, equipped with a photo•
sensitive switch to tum the light on at sunset and off at sunrise, within ten feet (10') of the front yard line. Exterior lighting and
Interior lights reflecting outside shall not be placed in any manner which shall cause glare or excessive light spillage on a
neighboring Lot(s) and shall be in accordance with the ACC Rules/ACC Standards.
SECTION 5.Og. Animals. No animals, livestock, birds, Insects or poultry of any kind shall be raised, bred, or kept on
any Lot, except that domesticated dogs, tate or other small household pets which do not unreasonably bother or constitute a
nuisance to others may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Logs and other
similar pets shall be on a leash when not confined to an Owner's Lot.
SECTION 5.10. Septic Tanks/Cesspools. No septic tanks and/or cesspools shall be allowed within The Landing
Subdivision.
SECTION 5.11. Grading and Drainage. A site plan Indicating the proposed grading and drainage of a Lot must be
approved by the ACC before any construction Is Initiated. Lot grading shall be kept to a minimum and Buildings are to be located
for preservation of the existing grade($) and any grade(s), berms or swales should be an Integral part of the grading design.
Subject to the requirements of any governmental entity having jurisdiction thereof, water may drain or flow Into adjacent streets but
shall not be allowed to drain or Now upon, across or under adjoining Lots or Common Areas, unless an express written easement
for such purpose exists.
SECTION 5.12. Oil and Mineral Rights. There Is hereby reserved to the Grantor, together with the right of the Grantor
to grant and transfer the same, the following: (i) all oil, oil rights, minerals, mineral rights, natural gas rights and other
hydrocarbons by whatever name known, and the rights In connection therewith; (ii) geothermal steam and all products derived from
any of the foregoing that may be within or under the land comprising The Landing Subdivision; (III) the perpetual right of drilling,
mining, exploring and operating therefore and scoring in and removing the same from said land or any other land, Including the
right to whipstock or directionally drill and mine from land other than land within The Landing Subdivision, oil and gas wells, tunnels
and shafts Into, through or across the subsurface of land within The Landing Subdivision and to bottom such whipstock or
directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof and to redrill, retunnel, equip,
maintain, repair, deepen and op3rats any such wells or mines without, however, the right to drill, mine, store, explore and operate
through the surface or the upper fifty feet (50') of the subsurface of the land within The Landing Subdivision.
SECTION 5.13. Commercial Use Prohibited. Unless otherwise shown on the Master Plan for The Landing Subdivision
and specifically permitted in a Supplemental Declaration, no Lot shall be used at any time for commercial or business activity,
provided, however, that the Grantor or persons authorized by the Grantor may use a Lot(s) for development and sales activities
relating to The Landing Subdivision, model homes or real estate sales.
SECTION 5.14. Maintenance. The following provisions shall govern the maintenance of Lots and all Improvements
thereon:
(a) Each Owner of a Lot shall maintain all Improvements located thereon In good and sufficient repair and
shall keep the Improvements thereon painted or stained, lawns cut, shrubbery trimmed, windows glazed,
rubbish and debris removed, weeds cut and otherwise maintain the same In a neat and aesthetically
pleasing condition.
(b) All damage to any Improvements shall be repaired as promptly as is reasonably possible.
(c) A Building which Is vacant for any reason shall be kept locked and the windows glazed In order to
prevent entrance by vandals. Vacant Buildings and unimproved Lots shall not be exempt from the
provisions of this Master Declaration.
(d) All structures, facilities, equipment, objects and conditions determined by the ACC, in Its sob discretion,
to be offensive, shall be enclosed within an approved structure or appropriately screened from public
view. All rash, debris, garbage and refuse shall be kept at all times In a covered container and all
such containers shall be kept on a Lot within an enclosed structure or screened from public view.
(9) No articles, goods, machinery, materials or similar Items shall be stored, kept or maintained on a Lot
In the required set -back area along a public or private right -0f -way or otherwise kept In the open or
exposed to public view.
(1) Any event or condition on a Lot which, In the sole discretion of the ACC, creates an unsightly or
blighting Influence, shell be corrected, removed or obstructed from public view, as the case may be,
by the Owner of the Lot, notwithstanding the fact that such event or condition may not be specifically
described and/or prohibited in this Mester Declaration.
(g) In the event that any Owner shall permit any Improvement, Including any landscaping, which Is the
responsibility of such Owner to maintain, to fall Into disrepair so as to create a dangerous, unsafe,
unsightly or unattractive condition, the Board, upon fifteen (15) days prior written notice to the Owner
of such Lot, shall have the right to correct such condition, and to enter upon said Lot and Into any
building or structure thereon, if necessary, for the purpose of correcting or repairing the same, and such
Owner shall promptly reimburse the Association for the cost thereof. The Owner of the offending Lot
shall be personally liable, and such Owner's Lot may be subject to a mechanic's lien for all costs and
expenses Incurred by the Association in taking such corrective action, plus all costa Incurred In collecting
the amounts due. Each Owner shall pay all amounts due for such work within ten (10) days after
reoelpt of written demand therefor, or the amounts may, at the option of the Board, be levied as a
Limited Assessment against said Lot and shall be enforceable in the same manner as other assessments
set forth In Article VIII of this Master Declaration.
SECTION 5.15. Minino and Drilling. No Lot shall be used for the purpose of mining, quarrying, drilling, boring or
exploring for or removing water, steam, oil, gas or other hydrocarbons, minerals, rocks, stones, gravel or earth; provided that the
MASTER DECLARATION • 4
0
Grantor or the Association may, by permit, grant, license or easement, allow the drilling for and the extraction of water for use on
the Lot.
SECTION 5.15. nn is Campers and Other Vehicle. Trailers, mobile homes, trucks larger than standard pickups, boats,
tractors, campers, garden or maintenance equipment and vehicles other than automobiles, when not In actual use, shall be kept
at all times In an enclosed structure or screened from public view and at no time shall any of said vehicles or equipment be parked
or stored on a public or private right-of-way within The Landing Subdivision. No "relive vehicle shall be parked Of stored for
a period In excess of seventy-two (/2) consecutive hours on any portion of a Lot between the front of a Building and tits abutting
public right-of-way. No Inoperative vehicle shall be parked or stored at any time one t union wholly
oht lly within an enclosed
structure. A minimum of two (2) off-street parking spaces for automobiles shall be provided
on
SECTION 5.17. Gerage Doors Garage doors shall be dosed except when open for a temporary purpose.
SECTION 5.15. Exterior Materials and Colors. All exterior materials and colas shall be selected and used which are
approved by the ACC and which are compatible with other Buildings on the Lot and on neighboring Lots to the and that all such
Buildings will present a unified and coordinated appearance. All exterior finishes and/or colors shall be earlhlone, Including subtle
blue and gray tones, as approved by the ACC. Each house shall Include some brick, stone stucoo a other distinctive design
features on the front exposure. No gravel roofs shall be permitted.
SECTION 5.19. Vehicles. The use of all vehicles. Including but not limited to automobiles, trucks, bicycles and
motorcycles, shall be subject to ACC rules, which may prohibit or limit the use thereof within The Landing Subdivision, provide
parking regulations and other rules regulating the same.
SECTION 5.20. Exterior Energy Devices. No energy production device including, but not limited to, generators of any
kind and solar energy devices, shall be constructed or maintained on any Lot without the prior written approval of the ACC, except
for heat pumps or similar appliances shown on the plans approved by the ACC.
SECTION 5.21. Mailboxes. No free-standing mailbox shall be constructed or Installed on any Lot without the prior
written approval of the plans therefor by the ACC.
SECTION 5.22.I n . No commercial billboard or advertising shall be displayed to the public view on or from any
Lot. Owners may advertise a dwelling unit and Lot for rent or for sale by displaying a single, neat, reasonably sized vacancy sign
or 'For Sale' sign thereon. Signs advertising the name of the builder and the name of the Institution providing financing therefor
may be displayed on a Lot during construction of the Improvements. Lighted, moving or flashing signs for any purposes are
prohibited. Directional signs may be used to give directions to traffic or pedestrians or give special instructions. Any directional
or Identification sign In The Landing Subdivision shall be permitted, provided the same is approved by the ACC prior to Installation.
SECTION 5.23. Subdividing. No Lot may be further subdivided, nor may any easement or other Interest therein less
than the whole be conveyed by the Owner thereof without the prior written consent of the ACC; provided, however, that nothing
herein shall be deemed to prevent an Owner from transferring or selling any Lot to more than one person to be held by them
as tenants in common, joint tenants, tenants by the entirety, or as community property, or require the approval of the ACC therefor.
In addition, the conveyance of an Insignificant portion(s) of a Lot to the Owner of the Lot which abuts said conveyed portion for
the purpose of correcting a common boundary or other similar purpose, shall not be deemed to be a subdividing of a Lot within
the prohibition contained herein.
SECTION 5.24. Fences. No fence or wall of any kind shall be constructed on a Lot unless the plans and specifications
therefor, including the location, design, material and color thereof, have been approved In writing by the ACC prior to the
construction or installation.
All fences and walls shall be subject to the following restrictions:
(a) No fence or wall shall be permitted to be constructed or installed on any portion of a berm constructed
by the Grantor In The Landing Subdivision.
(b) Fences and walls shall not extend closer to any street than twenty feet (20') nor project beyond tiro
setback of the principal Building on the Lot. No fence higher than six feet (6') shall be allowed without
the prior approval of the Meridian city Fence Committee and the ACC.
(c) All fences and walls shall be constructed and Installed and maintained In good appearance and
condition at the expense of the Owner of the Lot on which they are located and all damaged fencing
and walls shall be repaired or replaced to original design, materials and color within a reasonable time
after said damage occurs.
(d) No fence or wall shall Interfere with the use and enjoyment of any easement reserved in this Master
Declaration or shown on the recorded subdivision plat of the Property.
(e) No fence, wall, hedge, high planting, obstruction or barrier shall be allowed which would unreasonably
Interfere with the use and enjoyment of neighboring Lots and streets, and shall not be allowed if the
same constitute an undesirable, noxious or nuisance effect upon neighboring Lots.
SECTION 5.25. Landscaping. The following provisions shall govern the landscaping of Lots within The Landing
Subdivision:
(a) The Owner shall prepare a landscape plan and shall submit the same to the ACC as provided In Article
X below. The ACC shall approve said landscape plan prior to the Installation and/or construction of
landscaping on a Lot. Landscaping of a Lot shall be In accordance with the approved plan.
(b) All required landscaping on a Lot shall be Installed within thirty (30) days after substantial completion
of the Building on Me Lot, with a reasonable extension allowed for weather.
(c) The initial landscaping shall Include, as a minimum, sod in the front and side yards, sod or grass
seeded In the rear yards, two (2) flowering bees of at least two Inch (2) caliper or one (1) pine bee
at least six feet (6') In height and one (1) flowering bee of at least two Inch (21 caliper in the front
yard, three (3) -five (5) gallon plants and five (5)one (1) gallon shrubs In the front yard. The use of
berms and sculptured planting areas are encouraged.
SECTION 5.26. Adoption of ACC Rules/ACC Standards. The Grantor, or In the event of the Grantor's failure to do
so, the ACC, shall have the power to promulgate ACC Rules/ACC Standards relating to the planning, construction, alteration,
modification, removal or destruction of Improvements within the Property deemed necessary or desirable by the Grantor, or the ACC,
as the case may be, to carry out the purposes of this Master Declaration. All ACC Rules/ACC Standards shall be consistent with
the provisions of this Master Declaration.
MASTER DECLARATION - 5
• 0
SECTION 5.27. Exemption of Grantor. Nothing herein contained shall limit the right of the Grantor to subdivide or
re -subdivide any Lot or portion of the Property or to grant licenses, reservations, rightsof-way or easements with respect to Common
Areas to utility companies, public agencies or others; or to complete excavation, grading and Development to or on any Lot or other
portion of the Property owned or controlled by the Grantor, or to after the foregoing and Its Development plans and designs,or
construct additional improvements as the Grantor deems advisable In the course of Development of The Landing Subdivision. This
Master Declaration shall not limit the right of the Grantor at any time prior to acquisition of title to a Lot by an Owner to establish
on that Lot additional licenses, restrictions, reservations, rights-of-way and easements to Me", to utility companies and to others,
as may from time to time be reasonably necessary. The Grantor need not seek or obtain ACC approval of any Improvements
constructed or placed within the Property by the Grantor In connection with the Development of The Landing Subdivision, but this
exemption shall not apply to a Building(s) constructed by the Grantor on a Lot owned by the Grantor. The Grantor shall be entitled
to the non-exclusive use, without charge, of any Common Area within The Landing Subdivision in connection with the marketing
of the Lots therein.
ARTICLE V1.
THE LANDING OWNERS ASSOCIATION INC.
SECTION 6.01. Organization of Association. The Landing Owners Association, Inc. shall be organized by the Grantor
as an Idaho non-profit corporation and shall be charged with the duties and vested with the powers prescribed by law and set forth
In its Articles of Incorporation, Its By -Laws and this Master Declaration. Neither said Articles nor said By -Laws shall, for any reason,
be amended or otherwise changed or Interpreted so as to be Inconsistent with this Master Declaration.
SECTION 6.02. Sub-Association(s). Until completion of the Development, the Grantor shall have the sole and absolute
right to create one or more Sub -Associations for purposes not Inconsistent with this Master Declaration Including, but not limited
to, the following which shall be provided for In a Supplemental Declaration:
(a) Acquire and Improve any Lot, tract, parcel or portion of The Landing Subdivision.
(b) Promulgate rules and regulations governing Common Area owned by or under the control of the
Sub -Association.
(c) Determine the services, In addition to those furnished by the Association, which are to be furnished to
or for the benefit of the Members of the Sub -Association.
(d) Assess and certify to the Assoclation for collection the Regular, Special and Limited Assessments
required to meet the estimated cash needs of the Sub-Aeeociation.
The Articles of Incorporation, By -Laws, rules, regulations and the Supplemental Declaration relating to a Sub-Assoclation shall
not be inconsistent with the terms and provisions of this Master Declaration and any Inconsistency shall be governed by this Master
Declaration. Unless earlier consented to In writing by the Grantor, after completion of Development of The Landing Subdivision,
Sub-Assoclations may be formed by any Owner or group of Owners with the approval of the Board and by satisfying all necessary
legal requirements Including, but not limited to, the preparation, execution and recording of a Supplemental Declaration.
Except as provided to the contrary in this Master Declaration or unless specifically provided to the contrary in the
Supplemental Declaration relating to a Sub -Association, the provisions of this Mile shall be applicable to and shall regulate each
Sub -Association.
SECTION 8.03. Relationship Between Association and Sub -Associations. It Is the purpose and Intent of the provisions
of this Master Declaration that the Association shall be charged with and responsible for the management of all activities In The
Landing Subdivision Including, In addition to all other duties and responsibilities set forth herein, Bre following:
(a) The approval of all rules and regulations of each Sub-Assoclation and providing of assistance to a
Sub -Association in the enforcement thereof; and
(b) The levy and collection of Assessments of each Sub-Assoclation which have been certified by the
Sub -Association Board to the Association.
Nothing herein contained shall restrict or prohibit a Sub -Association from owning, In Its own name, Common Area or other property
related thereto, the use of which shall be restricted to Members of that Sub-Assoclstion. however, it Is the Intent of this Master
Declaration that any such Common Area owned by a Sub-Assocladon, the use and maintenance thereof and the activities of the
Sub-Assocladon, shall be consistent with and In furtherance of the Project Objectives and the terms and provisions of this Master
Declaration to assure that the whole of The Landing Subdivision Is developed and approved as a quality residential community.
SECTION 6.04. Members. Each Owner (Including the Grantor) of a Lot by virtue of being such an Owner and for
so long as such ownership is maintained shall be a Member of the Association and no Owner shalt have more than one
membership In the Association, but shall have such voting rights as hereafter set forth. A membership In the Association shall not
be assignable, except to the sucoessoNMnterest of the Owner and a membership in the Association shall be appurtenant to and
Inseparable from the Lot owned by such Owner. A membership In the Association shall not be transferred, pledged or alienated
In any way except upon the transfer of title to said Lot and then only to the transferee of title to said Lot. Any attempt to make
a prohibited transfer of a membership shall be void and shall not be reflected on the books of the Association.
SECTION 6.05. Voting. The Association (and each Sub -Association) shall have two (2) classes of voting membership:
CLASS A. fess A Members shall be all Owners of Los within The Landing Subdivision, with the exception of
the Grantor, and shall be entitled to one (1) vote for each Lot owned.
CLASS B. pass B Members shall be the Grantor, and is suocsssor(s) In this to a Lot(s), which Los(s) Is held
by such successor In an unimproved condition P.o., without a residential dwelling thereon) for reaale to a builder
or other person or the purpose of constructing thereon a residential dwelling, and to which successor the Grantor
has specifically granted such pass B voting rights In writing; provided, that If such voting rights are not so
granted, such successor shall be entitled to the voting rights of a pass A Member with respect to each Lot
owned. Upon the first sale of a Lot to an Owner, the Grantor shall thereupon be entitled to three (3) votes for
each Lot owned by the Grantor. The Class B membership shall cases and be converted to pass A membership
when (I) the total votes outstanding in the pass A membership exceeds the total votes outstanding In the pass
8 membership, or (II) January 1, 2006, whichever shall first occur.
SECTION 6.06. Board of Directors and Officers. The affairs of the Association shall be conducted by a Board of
Directors and such officers as the Directors may elect or appoint, In accordance with the Articles and By -Laws, as the same may
be amended from time to time.
MASTER DECLARATION - 6
SECTION 8.07. Powers of Meoclatlon. The Association shall have all powers of a non-profit corporation cognized under
the laws of the State of Idaho subject only to such limitations as r expressly set forth In tits dulred ores, thei muted to -Laws orMaster
done
Declaration. a shall have the power to do any and all lawful thins which may be authorized, sq Pe
under the Articles, By -Laws or this Master Declaration, and to do and perform any and all acts which
imay b necessary
responsibilities rper
for, or incident to, the proper management and operation of the Common Areas and fife performance
Including, but not limited to, the following:
(a) Assessments. The power to levy Regular, Special and Limited Assessments on the Owners and/or Lots
and to enforce payment thereof In accordance with the provisions of this Master Declaration.
(b) Richt of Enforcement. The power and authority from time to time In Its own name, on Its own behalf,
or on behalf of any Owner(s) who consent thereto, to commence and maintain actions and suits to
the
restrain and enjoin any
Standards, ndato enforce by mandatory Ich or threatened breach nun ionArticles,
otherwise, all sprovter viiseclaration or �C
ons thereof.
(c) Deleamlon of Powers. The authority to delegate its power and duties to committees, officers,
employees, or to any person, firm or corporation to act as manager.
(d) Liability of Board Members and OHlcers. Neither any member of the Board nor any officers of the
Association shall be personally liable to any [Tuner, or to any other parry, for any damage, loss or
prejudice suffered or claimed on account of any act or omission of the Association, the Board, Its
officer, a manager or any other representative or employee of the Association, or the ACC, provided that
said Board Member, officer, manager or other person has, upon the basis of such Information as was
available, acted In good faith without willful or Intentional misconduct.
(e) Association Rules. The power to adopt, amend, and repeal such rules and regulations as the
Association deems reasonable. Such rules shall govern the use by Owners and Occupants or any other
person of Common Areas and other property owned or controlled by the Association; provided, however,
Association rules shall not discriminate among Owners and shall not be Inconsistent with the Articles,
By -Laws or this Mester Declaration. A copy of Association rules as they may from films to time be
adopted, amended or repealed, shall be mailed or otherwise delivered to each Owner and Occupant.
Upon such mailings said Association rules shall have the same force and effect as if they were set forth
In and were part of this Master Declaration. In the event of any conflict between an Association rule
or any provision of the Articles, By -Laws or this Master Declaration, the conflicting provisions of the
Association rules shall be deemed superoeded to the extent of any such Inconsistency.
lf) Emergency Power. The Association, or any person authorized by the Association, may enter onto any
Lot or into any Building or other structure on a Lot In the event of any emergency Involving illness or
potential danger to life or property or when necessary In connection with any maintenance or
construction for which It is responsible. Such entry shall be made with as little Inconvenience to the
Occupants as practicable and any damage caused thereby shall be repaired by the Association unless
said entry was necessitated by a condition caused by the Owner or Occupant.
(g) Ucenses. Easements and Rightsof-War. The power to grant and convey to any third party such
licenses, easements, rights-of-way or fee title In, on, through, under or of the Common Meas as may
be necessary or appropriate for the orderly maintenance, preservation and enjoyment thereof and for
the preservation of health, safety, convenience and welfare of the Owners, for the purpose of
constructing, erecting, operating or maintaining:
(i) Underground lines, cables, wires, conduits and other devices for the transmission of
any utility or other service.
(II) Public sewers, storm drains, water drains and pipes, water systems, sprinkling
systems, water, heating and gas lines or pipes.
(Ili) Any similar public or quasi -public Improvements or facilities.
(h) Fiscal Year. The Board shall have the right to elect a fiscal year for the Association Instead of a
calendar year for budget, Assessment and a000unting purposes.
SECTION 8.08. Duties of Association. In addition to the powers delegated to it by the Articles, By-laws and this Master
Declaration, without limiting the generality thereof, the Association or Its authorized agents, if any, shall have the obligation to
conduct all business affairs of common Interest to all Owners and to perform each of the following duties:
(a) Operation and Maintenance of Common Meas. Perform, or provide for the performance of, the
operation, maintenance and management of the Common Areas including the repair and replacement
of property or Improvements thereon damaged or destroyed by casualty loss and all other property
owned by the Association.
(b) Taxes and Assessments. Pay all real and personal property taxes and assessments separately levied
against the Common Areas owned by the Assoclation or against the Association and/or any property
owned by the Association. Such taxes and assessments may be contested or compromised by the
Association; provided, however, that they are paid or a bond insuring payment is posted prior to the
sale or the disposition of any property to satisfy the payment of such taxes. In addition, the
Association shall pay all other taxes, federal, state or local, Including Income or corporate taxes, levied
against the Association In the event that the Association Is denied the status of a tax exempt
corporation.
(c) Utilities. Acquire, provide and/or pay for water, sewer, refuse collection, electrical, telephone, gas and
other necessary services for the Common Areas owned by the Association.
(d) Insurance. Obtain, from reputable Insurance companies authorized to do business In the State of Idaho
and maintain In effect the following policies of Insurance:
(I) Firs Insurance, including those risks embraced by coverage of the type now known
as the broad form 'All Rlsk' or special extended coverage endorsement on ■ blanket
agreement amount basis for the full Insurable replacement value of all Improvements,
equipment, fixtures and other property located within the Common Areas owned by the
Association, including such equipment, fixtures and other property not located In the Common
MASTER DECLARATION - 7
0 0
Areas, if the same are used or necessary for the use of the Common Areas or easement
areas under the control of the Association.
01) Comprehensive public liability insurance Insuring the Assoclation, the Board, officers,
the Grantor and the Individual Owners and agents and employees of each of the foregoing
against any liability Incident to the ownership and/or use of the Common Areas owned by the
Association or easement areas under the control of the Association. The limits of liability of
such coverage shall be as determined by the Board of Directors.
(Ili) Full coverage directors and officers liability insurance in an amount determined by
the Board.
(Iv) Such other Insurance, Including workmen's compensation Insurance to the extent
necessary to comply with all applicable laws and Indemnity, faithful performance, fidelity and
other bonds as the Board shall deem necessary or required to carry out the Association's
functions or to Insure the Association against any loss from malfeasance or dishonesty of any
person charged with the management or possession of any Association funds or other property.
(v) The Association shall be deemed a trustee of the Interests of all Owners In any
Insurance proceeds paid to it under such policies, and shall have full power to receive their
Interests In such proceeds and to deal therewith.
(VI) Insurance premiums for the above Insurance coverage shall be deemed a common
expense to be Included in the Regular Assessments levied by the Association.
(vil) Notwithstanding any other provision herein to the contrary, the Association shall
continuously maintain in effect such casualty, liability and other Insurance and a fidelity bond
meeting the Insurance and fidelity, bond requirements for PUD projects established by Federal
National Mortgage Association ('FNMA'), the Government National Mortgage Association
CGNMK) and the Federal Home Loan Mortgage Corporation rFHLMC'►, so long as any of
which Is a Mortgagee or Owner of a Lot within The landing Subdivision, except to the extent
such coverage Is not available or has been waived In writing by FNMA, GNMA or FHLMC, as
applicable.
(e) Identification Sions. Maintain, repair and replace all permanent entry and special Identification signs for
The Landing Subdivision, whether the same be located within or without the boundaries of The Landing
Subdivision.
(f) Rule Making. Make, establish, promulgate, amend and repeal Assodatlon rules.
(g) Architectural Control Committee. Appoint and remove members of the Architectural Control Committee,
all subject to the provisions of this Master Dedaration.
(h) Enforcement of Restrictions and Rules. Perform such other acts, whether or not expressly authorized
by this Master Declaration, as may be reasonably necessary to enforce any of the provisions of this
Master Declaration and the Association rules.
SECTION 8.09. Budgets and Rnanclal Statements. Financial statements for the Assoclation shall be regularly prepared
and copies distributed to each Member as follows:
(a) A pro forma operating statement (budget) for each fiscal year shall be distributed not leu than thirty
(30) days after the beginning of each fiscal year.
(b) Within ninety (90) days after the dose of each fiscal year, the Association, or its agent, shall cause to
be prepared and delivered to each Owner, a balance sheet as of the past day of the Association's fiscal
year and an annual operating statement reflecting the Income and expenditures of the Association for
that fiscal year.
ARTICLE VII.
ASSOCIATION PROPERTIES
SECTION 7.01. Use. Each Owner of a Lot, his family, licensees, Invitees, lessees and contract purchasers who reside
on the Lot, shall be entitled to use the Association properdes and the properties of any Sub-Assoclation of which the Owner is a
Member subject to the following:
(a) Articles. Etc. The provisions of the Articles and By -Laws of the Association and any Sub -Association
applicable to the Lot, this Master Declaration and applicable Supplemental Declaration and the miles,
regulations and standards promulgated thereunder. Each Owner, In using the Association or
Sub -Association properties, shall comply with the same.
(b) Suspension of Riahts. The right of the Association or Sub -Association to suspend the rights to use
properties owned by It (except roads and other means of access by an Owner) for any period during
which any Assessment against that Owner's Lot remains unpaid; and for any infraction or published mfas
and regulations of the Association or Sub-Assodation.
(c) Dedications. The right of the Association or Sub -Association to dedicate or transfer all or any part of
properties owned by It to any public agency, authority or utility for such purposes and subject to such
conditions as may be agreed by the Board, so long as said transfer does not diminish the security of
the Mortgagees on any Lot or Common Area In The Landing Subdivision.
(d) Mortgage or Conveyance of Common Area. Except as provided in subsection (d), above, no portion
of the Common Area shall be mortgaged or conveyed by the Association without the prior approval of
at least two-thirds (2/3rds) of the pass A Members, which approval may be obtained In writing or by
a vote of the Gass A Members at a meeting called for such purpose and, with respect to such
meeting, the provisions concerning notice and quorum In Section 8.11, below, shell appy.
SECTION 7.02. Damaaes. An Owner shape be liable for any damages to the Common Area which may be sustained
by reason of the negligence, reckless or intentional misconduct of said Owner or of his family, Ilcensees, Invitees, lessees or contract
purchasers, both minor and adult In the case of joint ownership of a Lot. the liability of such Owners shall be joint and several.
MASTER DECLARATION - 8
The cost of correcting such damage shall be as a Limited Assessment against that Owner's lot and may be collected as provided
In Article K below.
SECTION 7.03. Dameoe end Destruction. In the case of damage by fire or other casualty to property owned by the
s compensate for damage and destruction shall be paid to the Association
Association or any Sub -Association, Insurance proceed
or the Sub-Assoclabon, as the case may be, and the recipient thereof shall thereafter determine what repair or reconstruction shall
be undertaken.
SECTION 7.04. Condemnation, it at any time any part of a Common Area or other property owned by the
Association or any Sub -Association be taken or condemned by any public entity or sold or otherwise disposed of M Ileu thereof,
all compensation, damages or other proceeds shall be paid to the Association or the Sub-Assoclation, whichever entity owns said
property. The recipient of said payment shall then use all or a portion of the funds pay
obligations
li9op Nes secured by any lien on
n or
the property taken and thereafter may determine to cess the funds to (I)improve
Sub -Association; pi) acquire and/or Improve additional properties for the Association or Sub.Association; or (Ilq use such Proceeds
to reduce future assessments.
ARTICLE VUL
ASSESSMENTS
SECTION 8.01. Covenant to pay Assessments. Each Owner hereby, and by acceptance of a dead to a Lot, covenants
and agrees to pay when due all Regular, Special and Limited Assessments or charges made by the Association or a Sub•Association
of which the Owner Is a Member.
All such Assessments, together with Interest, costs and reasonable attorneys' fees which may be incurred In collecting the
same, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such Assessment is made,
and shall be also the personal obligation of the Owner of such Lot at the time when the Assessment become due and payable.
The personal obligation for delinquent Assessments shall not pass to an Owner's successors In titre unless expressly assumed by
them. No Owner may waive or otherwise avoid liability for any Assessment by non-use of the Common Areas or by abandonment
of his Lot.
SECTION 8.02. Regular Assessments. Regular Assessments shall be meds by the Association at times and Intervals
deemed appropriate by the Board. The Regular Assessments shall be based upon advance sadmates of cash requirements as
determined by the Board for the maintenance and operation of the Common Areas and all easement areas, if any, controlled by
the Association and for the performance by the Association of its other duties and responsibilities. Such estimates may Include,
but shall not be limited to, expenses of management, taxes and special assessments of local govemmentel units, premiums for all
Insurance which the Association Is required or permitted to maintain hereunder, landscaping and care of grounds, lighting, water
charges, trash collection, sewerage charges, repair and maintenance, legal and accounting fees, and any deficit remaining from
previous periods and the creation of a reserve, surplus and/or sinking fund(s).
The Initial annual Regular Assessment shall be the amount of $50.00 per Lot, unlit changed by the Board.
SECTION 8.03. Special Assessments. In addition to Regular Assessments, the Association may levy at any time a
Special Assessment payable over such period as the Board may deem appropriate for the following purposes:
(a) To defray, In whole or In part, the cost of any construction or reconstruction of Improvements on a
Common Area, unexpected repair or replacement of a Common Area or any facility located thereon or
an easement area controlled by the Association, the furnishing of a special service or services (other
than those appropriate for a Limited Assessment), or for any other expenses Incurred or to be Incurred
as provided in this Master Declaration.
(b) To cure a deficit In the common and ordinary expenses o1 the Association for which Regular
Assessments for a given calendar or fiscal year are or will be Inadequate to pay, as determined by the
Board.
At the closing of the sale of each tot by the Grantor, a special assessment of $100.00 elan be collected from the
purchaser of the Lot as payment for the initial construction of the Common Area.
SECTION 8.04. Limited Assessments. In addition to Regular and Special Assessments, Owners shall pay limited
Assessments as follows:
(a) Maintenance and Repair. The Association shall have the power to Incur expenses for maintenance and
repair of any Lot or any Improvements on a Lot, if such maintenance and repair Is necessary, in the
opinion of the Board, to protect the Common Area or any other portion of the Property, and If the
Owner of said Lot has failed or refused to perform said maintenance or repair within a reasonable time
after written notice of the necessity thereof has been delivered by the Board to said Owner. The Board
shall levy a Limited Assessment against the (Tuner of the Lot owned by said Owner to pay for the cost
of such maintenance and repair, and any other cost or expense, Including attorneys' fees, arising out
of or Incident to such maintenance and repair and the Assessment therefor.
(b) Correction of Violations. In addition to maintenance and repair. the Board, upon certification from the
ACC of the failure or refusal of an Owner to correct a violation of this Master Declaration or the ACC
Rules/ACC Standards, shall have the power to correct any such violation on a Lot or any Improvement
on a Lot, and Incur costs necessary in connection therewith. The cost of such correc&e action,
together with Interest, related expenses and attorneys' fees shall be assessed and collected as am forth
In Article X of this Master Declaration.
(c) Limited Purpose. The Association shall have the power to levy a Limited Assessment against Owners
and Lots for any limited special purpose which the Board believes necessary with respect to certain Lots
but not an appropriate expense for payment by the Association. Such Limited Assessment shall not
be made until the Owners of said Lots subject thereto have been given an opportunity, after notice,
to participate in a hearing with respect to said Limited Assessment
SECTION 8.05. Sub -Association Assessments. Any Sub•Assoclation of The Landing Subdivision Is hereby empowered
to assess and certify for levy and collection by the Association, Regular, Special and Limited Assessments on the Lob and Owners
thereof who are Members of the Sub -Association. The certification for Ivey by a Sub-Assooladon and the oollection thereof by the
Association shall be as follows:
(a) The Sub -Association Board shall, following its By -Laws, rules and regulations, most and approve a
Regular, Special or Limited Assessment.
MASTER DECLARATION - 9
(b) A written certification signed by the President and Secretary of the Sub-Associetlon that a Regular,
Special or Limited Assessment has been approved by the Sub-Associatlon Board shall be submitted to
the Board. The certification shall contain the following: Q) a description of the type of Assessment
to be levied and collected; Qp the name and address of the Owner and the legal description of each
Lot to be assessed; Qii) the amount to be levied and collected from each Owner, and Qv) the term of
said levy and the due dates for the payment dhered by the Owners affected. The due dates may be
adjusted by the Board to conform the same to the due dates of the Assessments of the Association
for the purpose of achieving efficiency and economy In preparing and mailing statements and notices
and collection.
(c) Upon compliance with the foregoing, the Board shall levy the Assessment so certified In accordance with
the terms of the certification In the same manner as levies for Assessments of the Association. Any
levy made by the Association on behalf of a Sub -Association pursuant to a proper certification shall have
the same force and stied as a levy made by the Association.
(d) The Association, upon receipt of funds paid pursuant to a levy certified by a Sub-Assoclation, shall
deposit such funds es received In the separate account of the Sub-Aaoclation, as designated by the
Sub -Association.
SECTION 8.06. Commencement of Regular Assessments. Regular Assessments of the Association against each Lot
shall commence the eadler of the following: Q) six (8) months following the dosing of the first sale of a Lot to an Owner, or (i)
the occupancy of the first Building constructed on a Lot. Provided, however, that any Lot owned by tM Grantor shall be assessed
a Regular Assessment not exceeding ten percent (10%) of the amount assessed against Lots owned by other Owners. 8 the
Grantor pays all or any portion of the expenses of the Association In excess of the amount assessed to Lots owned by the Grantor,
such excess amounts so paid shall constitute a prepayment of Afassaments (Regular and Special) to become due and payable on
the Lots owned by the Grantor within The Landing Subdivision; provided that unless such excess amounts so paid by the Grantor
are paid pursuant to a written agreement with the Association to the contrary, the Grantor shall not be entitled to reimbursement
in cash of any such Assessment credit nor shall such credit Inure to an Owner purchasing a Lot from the Grantor, unless such
person is the successor to substantially all of the Interest of the Grantor In the Property. Nothing herein contained shall obligate
the Grantor to pay any Assessment with respect to a Lot within a separately platted phase or subdivision within The Landing
Subdivision In which the Grantor owns all of the Lots.
SECTION 8.07. Uniform Rate of Assessment. Except as expressly provided to the contrary In this Master Declaration,
Regular and Special Assessments of the Assodation shall be fixed at a uniform rate for all Lots.
SECTION 8.08. Assessment Due Date. The due dates for Regular, Special and Limited Assessments shall be the first
day of the first month of each calendar quarter, unless some other due date Is established by the Board. Each Instalment of an
Assessment shall be delinquent lf not paid within fifteen (15) days after the due date thereof. Nothing herein contained shall prohibit
the Board from requiring that Special or Limited Assessments be paid In a lump sum Instead of Instalments.
SECTION 8.09. Interest and Penalties. Any Regular, Special or Limited Assessment levied by the Aswolatkm on Lots,
if not paid when due, shall boar Interest at an annual rate as shall be set by the Board from time to time, or If none Is so set,
at an annual rate of twelve percent (12%). Such Interest shall commence on the date the Assessment becomes due and payable.
In addition to the Interest charge the Board may, In accordance with rules and regulations promulgated by It, Impose additional
fines or charges for the failure of an Owner to timely pay any Assessment when due. The right of the Board to charge Interest
or Impose additional fines or charges shall be In addition to, and not in lieu of, any other right of enforcement or sanction available
to the Bond In the went of a^n-payment of an Assessment.
SECTION 8.10. Estoppel Certificate. The Association, upon not less than twenty (20) days prior written request, shall
execute, acknowledge and deliver to the party making such request a statement In writing stating whether or not to the knowledge
of such Association, a particular Owner is in default under the provisions of this Master Declaration and further stating the dates
to which Assessments have been paid by said Owner, It being Intended that any such certificate delivered pursuant to this Section
may be relied upon by any prospective purchaser or Mortgagee of said lot, but reliance on such certificate may not extend to any
default as to which the signer shall have had no actual knowledge. The Association shall have the right to charge a reasonable
fee for the certification herein provided.
SECTION 8.11. Notice and Ouorum Requirements. Notwithstanding anything to the contrary contained In either the
Articles or the By -Laws of the Association, written notice of any meeting called for the purpose of levying a Special Assessment
or a Limited Assessment described In Section 8.04, above, shall be sent to all Owners subject to the levy of such Special or Limited
Assessments not less than ten (10) nor more than fifty (50) days In advance of the meeting. The presence of Owners or of proxies
entitled to cast sixty percent (60%) of the total votes of each class of Members of the Association subject to the levy of such
Special or Limited Assessment shall constitute a quorum, If the required quorum is not present, the meeting may be rescheduled
by the Board for a date not later than sixty (60) days after the data of initial meeting and at the rescheduled meeting the presence
of Owners or of proxies entitled to cast ten percent (10%) of the total votes of each class of Members shall constitute a quorum.
No written notice of the rescheduled meeting shall be required.
ARTICLE DL
ENFORCEMENT OF ASSESSMENTS
SECTION 9.01. Right to Enforce. The right to tolled and enforce payment of the Assessments made by the
Association Qnduding the Assessments made and certified by a Sub-Assodation) Is vested In the Association. Each Owner of a
Lot hereby agrees to the enforcement of the payment of all Assessments in the manner herein provided. In the event an attorney
Is employed for the collection of an Assessment, whether by suit or otherwise, or to enforce compliance with or opedflo performance
of any of the terms and conditions of this Master Declaration, the Owner against whom such enforcement Is sought "I pay
reasonable attorneys' fees In connection therewith.
SECTION 9.02. Creation of Assessment Liens. There is hereby created a continuing claim of Ilan with power of sale
on each and every Lot to secure payment of any and all Assessments levied against any and all Lots In The Landing Subdivision
pursuant to this Master Declaration, together with Interest thereon and all coats of collection which may be paid or Incurred by the
Association In connection therewith, Including reasonable attorneys' fees. Said lien shall be prior and superior to all other liens or
claims created subsequent to the recordation of this Master Declaration except only for. Q) valid tax and special assessment lions
on Lots In favor of any governmental unit assessing authority; QQ a lien for all sums unpaid and secured by a first Mortgage or
first Deed of Trust, duly recorded In Ada County, Idaho, Including all unpaid obligatory advances to be made pursuant thereto; and
(iii) labor or matsrialman's liens, If the some are prior and superior by reason of applicable law. NI other lien holders acquiring
liens on any Lot after recordation of this Master Declaration shall be deemed to consent that such liens shall be Inferior liens to
the lien for Assessments levied by the Association, whether or not such consent be specifically set forth In the Instruments creating
such other liens.
MASTER DECLARATION • 10
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ys of Ib due date,
SECTION 9.03. Notice of Assessment. 6 an Owner falls to pay an Assessment within thirty (30) da
the Association shall prepare a written Notice of Assessment setting forth the type of Assessment the amount of the Assessment,
the due date thereof. Including the amount and due date of Instalments (if the same are permitted), the amount remaining unpaid
at the time ofthename of hrecord
ontdc n of the t
by the President and Scretary ofte Association, acknowledged by a NotaryP Public and recorded the office of the Ada County
Recorder. At such time as a delinquent Assessment which Is describe In the Notice Is paid, the Association shall prepare and
record a Notice of Satisfaction with respect thereto.
SECTION 9.04. Enforcement. Upon the failure of an Owner to pay an Assessment In accordance with Its terms, the
lien for Assessment herein create may be enforced by sale by the Association, such sale to be conducted In the manner provided
by law in Idaho for the exercise of the power of sale In Dees of Trust or In any other manner permitted by law elected by the
Board. In any such foreclosure, the Owner shall be require to pay the costs and expenses of such proceedings, Including all
reasonable attorneys' fess. All such costs and expenses shall be secure by the Ilen being foreclosed. The Owner shall also be
required to pay to the Association any Assessments against the Lot which shall become due during the period of foreclosure. The
Association shall have the right and power to bid at the foreclosure sale or other legal sale and to acquire and thereafter hold,
convey, lease, rent, encumber, ups and otherwise deal with and In sold Lot as the Owner thereof.
SECTION 9.05. Notice Reculred. Notwithstanding anything to the contrary contained In this Master Declaration, no
action may be brought to foreclose the lien for any Assessment, whether by power of sale or otherwise, until the expiration of thirty
(30) days after written Notice of Default has been deposited In the United States mall, certified or registered mail, postage prepaid,
return receipt requests, addressed to the Owner of the Lot describe in such Notice at the last known address of the Owner as
shown on the books and records of the Association. Said Notice shall specify the amount and duo date of the unpaid
Assessment(s) and the legal description of the Lot.
SECTION 9.06. Reoortina. The Association shall provide a Mortgages with a copy of a Notice of Default served on
an Owner under Section 9.05, above. The duty to give such Notice shall arise only after sold Mortgagee furnishes to the Association
written notice of a Mortgage (or Deed of Trust) which shall contain the following:
(a) The name and address of said Mortgages;
(b) A legal description o1 the Lot subject to the lien of the Mortgage by Lot, Block and Subdivision;
(c) The name and address of the Owner;
(d) The date the lien of the Mortgage was file of record In Ada County, Idaho, and the Instrument number
thereof;
(e) The maturity dab of the obligation secure by said Mortgage lien;
(f) A copy of a title Insurance report evidencing that the Mortgagee Is the holder of a first Mortgage or
the beneficiary of a first Deed of Trust;
(g) The signature of the Mortgagee or authorize agent.
In the event the Association shall be require to notify a Mortgagee as herein provide, the Association shall assess the
Owner who Is delinquent the sum of $25.00 as a reasonable charge for such ratification and such charge shall be a cost of
collection secure by the Assessment lien described In Section 9.02, above. The charge for such notification shall be subject to
change by the Board.
SECTION 9.07. Term of Assessment. Unless sooner satisfied and release or the enforcement thereof Initiate as
provided In this Article, the lien for any Assessment levied under this Master Declaration or any applicable Supplemental Declaration
shall expire and be of no further force or effect after a period of five (5) years from the later of (I) the date of said Assessment,
or (li) the date the last installment thereof Is due and payable. Provided that the expiration of the lien as provided herein shall
not release an Owner from the personal obligation to pay any Assessment.
SECTION 9.05. Non -Exclusive Remev. The remedies set forth In this Article or elsewhere In this Master Declaration
shall not be deems to be an exclusive remedy and the Association may pursue all other remedies available at law or In equity.
ARTICLE X
SUB -ASSOCIATIONS
SECTION 10.01. Creation. The Grantor shall have the right to create Sub -Associations as Idaho non-profit corporations.
Each such Sub -Association shall have all power, rights, obligations, responsibilities and duties and be subject to all of the same
limitations and restrictions as are specified In this Master Declaration with respect to the Association, except for such differences,
requirements or limitations as are expressly eat out in this Master Declaration and/or the applicable Supplemental Declaration and
such changes as the Grantor may deem appropriate as a result of the different and specific Common Areas being owns,
maintained and manage by such Sub -Associations, which changes shall be set forth In a Supplemental Declaration.
SECTION 10.02. Voting. Each Sub-Assoclation shall have the two (2) classes of voting membership and the voting rights
shall be as specified for the Association in Section 6.05, above.
SECTION 10.03. Powers and Duties. Each Sub -Association shall be managed by a Board of Directors and officers In the
same manner as specified in Section 6.06, above, for the Association and shall have the same powers and duties with respect to
its Members and the Common Areas owns, managed or maintains by it, Including any easement areas controlled by it, said
powers and duties to Include the levying of Assessments and certification thereof to the Association for collection, adopting rules
and regulations, granting easements, licenses and rights-of-way, payment of expenses, taxes, assessments, utility charges, Insurance
premiums and the preparation and distribution of budgets and financial statements as are provide in Article M, above.
SECTION 10.04, Members. The Members of each Sub -Association shall be the Owners of tots In the potion or phase
of The Landing Subdivision described In the Supplemental Declaration relating thereto. Memberships may only be transferred In
the same manner as specified In Section 6.04, above.
ARTICLE XI,
ARCHITECTURAL CONTROL COMMITTEE
SECTION 11.01. Members of the Committee'
The Architectural Control Committee shall be comprisedof at least three
(3) persons, all of whom shall be appoints pro
as herein vide. A member of the ACC shall hold office until he has resigns or
MASTER DECLARATION - 11
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has been removed, but In any event, until said Member's successor has been appointed. Members of the ACC may be removed
at any time, with or without cause.
SECTION 11.02. Appointment. So long as the Grantor owns any Lot or parcel within the Property, the Grantor Shall have
the sole right to appoint and remove all members of the ACC. Thereafter, all members of die ACC shall be appointed or removed
by the Board.
The ACC shall have the right by a resolution In writing unanimously adopted, to designate one (1) of Its members to take
any action or perform any duties for and on behalf of the ACC. In the absence of such designation, the vote of any two (2)
members of the ACC shall c^nstitute an act of the ACC.
SECTION 11.03. Compensation. The members of the ACC shall not receive any compensation for services rendered, but
shall be reimbursed for actual expenses Incurred by them In the performance of their duties hereunder.
SECTION 11.04. Non-Uability. Neither the ACC, or any member thereof, or the Grantor or any partner, officer, employee,
agent, successor or assign thereof, shall be liable to the Association, any Owner or any other person for any loss, damage or Injury
arising out of or ocnnected with the performance by the ACC of Its duties and responsibilities by reason of a mistake In judgment,
negligence or nonfeasance arising out of or In connection with the approval or disapproval or failure to approve an application.
Every person who submits an appliestlon to the ACC for approval of plans and specifications agrees, by submission of such an
application, and every Owner or Occupant of any Lot agrees, by acquiring title thereto or an Interest therein, not to bring any action
or suit against the Association, the ACC, or any member thereof, or the Grantor or any officer, partner, employee, agent, successor
or assign thereof to recover such damages.
SECTION 11.05. Approval Required. No construction, alteration, modification, removal or destruction of any Improvements
of any nature whatsoever, whether real or personal in nature, shall be Initiated or be permitted to continue or exist within The
Landing Subdivision without the prior express written approval of the ACC.
SECTION 11.05. Variances. The ACC may authorize variances from compliance with the requirements of any conditions
and restrictions contained in this Master Declaration, the ACC Rules/ACC Standards, or any prior approval when, in the sole
discretion of the ACC, circumstances such as topography, natural obstructions, aesthetics or environmental considerations or hardship
may so require. Such variances must be evidenced in a writing signed by at least two (2) members of the ACC.
H a variance Is granted as provided herein, no violation of this Master Declaration, ACC Rules/ACC Standards or prior
approval shall be deemed to have occurred with respect to the matter for which the variants was granted. The granting of such
a variance shall not operate to waive any of the terms and provisions of this Master Declaration or the ACC Rules/ACC Standards
for any purpose except as to the particular subject matter of the variance thereof and the specific Lot covered thereby.
The ACC shall have the right to consider and grant a variance as herein provided either with or without notice to other
Owners or a hearing of Owners thereon.
SECTION 11.07. Application. To request ACC approval for the construction, alteration, modification, removal or demolition
of any Improvements within the Property, the Owner shall submit a written appllcetion In a form required by the ACC which must
be signed by the Owner and contain all Information requested and be accompanied by all other material to be submitted as
hereafter provided.
All applications must contain, or have submitted therewith, the following material (collectively called 'plans and
specifications-) prepared In accordance with acceptable architectural standards and submitted with the application form, H any,
approved by the ACC:
(a) Site Plan. A site plan showing the location of the Buildings) and all other structures and Improvements
Including fences and walls on the Lot, Lot drainage and all set backs, curb cuts, driveways, parking
areas and other pertinent Information relating to the Improvements.
(b) Bulidina Plan. A building plan which shall consist of preliminary or final blueprints, elevation drawings
of the north, south, east and west sides, and detailed exterior specifications which shall Indicate, by
sample H required by the ACC, all exterior colors, materials and finishes, Including roof, to be used.
(c) Landscape Plan. A landscape plan for potions of the Lot to be landscaped which shall show the
location, type and size of Nees, planta, ground cover, shrubs, berming and mounding, grading, drainage,
sprinkler system, fences, freestanding exterior lights, driveways, parking areas and walkways.
The ACC may, In Its discretion, require the Owner to furnish additional spedfica0ons, drawings, material samples or such
other Information as the ACC, In Its sole discretion reasonably exercised, shall deem necessary or convenient for the purpose of
assisting the ACC in reviewing and processing the application.
SECTION 11.08. Decision. In reviewing the application and the materials submitted therewith and in reaching a decision
thereon, the ACC shall use Its best efforts and judgment to assure that all Improvements shall produce and contribute to an orderly
and aesthetically complementary design and appearance and be of the quality required to maintain The landing Subdivision as a
quality residential development.
Unless extended by mutual consent of the Owner and the ACC, the ACC shall render Its decision with respect to an
application within forty-five (45) days after the receipt of a properly submitted application. The decision of the ACC can be In the
form of an approval, a conditional approval or denial. The decision of the ACC shall be In writing, signed by a member of the
ACC, dated, and a copy thereof mailed to the Owner at the address shown on the application.
A conditional approval shall set forth with particularity the conditions upon which the application Is approved and the Owner
shall be required to affix a copy of said conditions to the working drawings or blueprints which are to be kept on the job site
during the entire course of the work to which said plans relate.
A denial of an application shall state with particularity the reasons for such denial.
SECTION 11.09. Inspection and Complaints. The ACC Is empowered to Inspect all work in progress on any Lot at any
time. Such Inspection shall be for the purpose of determining whether the Owner Is proceeding In accordance with the approved
application or Is deviating therefrom or Is violating this Master Declaration or the ACC Rules/ACC Standards or the approved plans
and specifications.
The ACC is empowered to receive from other Owners ('Complainant") complaints In writing Involving deviations from
approved applications or violations of this Master Declaration or any applicable ACC Rules/ACC Standards. In the event the ACC
receives such a complaint from a Complainant, H shall first determine the validity of such complaint by Inspection or otherwise.
MASTER DECLARATION - 12
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Should the ACC determine that there has been a deviation or a violation, H shall promptly Issue a notice In writing thereof
to the Owner and to the Complainant, which notice shall specify the particulars of the deviation or violation and shall demand that
the Owner conform to either or both of the following directives:
(a) The Owner shall immediately cease the activity which constitutes a deviation or violation.
(b) The Owner shall adhere to the corrective measures set forth In the written notice.
Should the ACC determine there has been no deviation or violation, It shall promptly Issue a notice of such determination
to the Owner and the Complainant
SECTION 11.10. Fearing. An Owner submitting an application under Section 11.07, above, or served with a written notice
of deviation or violation, or a Complainant shall have the right to request and be heard at a hearing held by the ACC for the
purpose of presenting facts and Information to the ACC. Such hearing must be requested by such party within ten (10) days from
the date the written notice of the decision of the ACC is mailed to the Owner (and Complainant) as evidenced by the records of
the ACC. The hearing shall be held within ten (10) days following receipt by the ACC of the request for a hearing, unless the
ACC shall extend said period of time because of the unavailability of ACC members. A hearing may be continued by the ACC
for the purpose of further Investigation or to receive additional evidence. Upon completion of the hearing, the ACC shall Issue a
written opinion to the involved parties within ten (10) business days thereafter which opinion shall set forth the findings of the ACC
with respect to the matters at Issue and shall affirm, modify or rescind Its previous decision as contained In the original written
notice. H the ACC Incurs any costs or expenses in connection with the Investigation, processing or hearing on a matter Involving
a deviation or violation, including the costs of retaining a oonsultant(s) to advise the ACC and legal fees, such costs shall be paid
by the Complainant unless an Owner Is found to be in violation, In which event such Owner shell pay all such costs. The
payment of such costs shall be enforceable as provided in Section 11.12, below.
SECTION 11.11. Appeal. Either an Owner or a Complainant shall have the right to appeal to the hoard a decision of
the ACC on an application with respect to the conditions Imposed thereon or a denial thereof, or a decision of the ACC adverse
to the Owner or the Complainant reached following a hearing held pursuant to Section 11.10, above, provided, however, that neither
an Owner nor a Complainant shall be entitled to such an appeal with respect to deviations or violations unless said Owner or
Complainant has participated In the ACC hearing.
A notice of appeal shall be In writing and shall be delivered by mail to the Secretary of the Board within ten (10) days
from the dale of the decision by the ACC. Said notice of appeal shall be dated and shall contain the nems of the Owner and
the Complainant, H any, and a copy of the written decision or determination of the ACC. The failure of an Owner or Complainant
to appeal a decision of the ACC in the manner and within the time herein provided shall terminate all rights of said Owner or
Complainant to appeal said decision and it shall be binding and enforceable.
The Board shall fix a date for the hearing of such an appeal which date shall be no later than ten (10) days from the
date of receipt of a notice of appeal unless extended by the Board because of the unavailability of Board members. The Owner
and Complainant, H any, shall be advised of the time and place of the hearing by a mailed written notice. Written notice of time
and place for hearing shall also be served by mall upon each member of the ACC.
The Board may require the Owner or Complainant to provide additional Information to facilitate the Board's decision and
the failure of such party to comply promptly with such a request shall entitle the Board to deny the appeal, In which went the
decision by the ACC shall be considered final and not subject to further appeal.
At the hearing the Owner, Complainant, if any, and the ACC, together with their representatives and other witnesses, shall
present their position to the Board. The order of presentation and the evidence to be admitted shall be solely within the discretion
of the Board provided, however, that the Owner, the Complainant, H any, and the ACC shall have the opportunity to question and
cross-examine witnesses presented by the other. The Owner, the Complainant, If any, and the ACC will have the opportunity to
present final argument consistent with rules adopted by the Board for such hearing process. Any party may be represented by
an attorney at any hearing by the ACC or the Board.
Upon receiving all of the evidence, oral and documentary, and following the conclusion of the hearing, the Board shall
retire to deliberate and shall reconvene at a time and place determined by the Board, at which time the Board shall cast Its official
ballot and the decision shell be duly recorded in the minutes of the meeting. The Owner, the Complainant, H any, and the ACC
members shall be given written notice of the decision which shall be deemed given when deposited In the United States mall,
postage prepaid and properly addressed.
If the Board Incurs any costs or expenses In connection with the Investigation, processing or hearing on an appeal,
Including the costs of retaining a oonsultant(s) to advise the Board and legal fees, such costs shall be paid by the party(s) filing
the appeal unless the decision by the Board constitutes a substantial reversal of the decision of the ACC, In which event such costs
shall be paid by the Association. H the party filing the appeal is obligated to pay such costs, payment of the same shall be
enforceable as provided in Section 11.12, below.
A decision of the Board of an appeal shall be final and shall not be subject to reconsideration or further appeal.
SECTION 11.12. Enforcement. The ACC, upon approval by the Board, shall be authorized on behalf and in the name
of the Association to commence such legal or equitable proceedings as are determined by H to be necessary or proper to correct
or enjoin any activity or condition existing within the Property, the continuation of which violates the provisions of this Master
Declaration, the ACC Rules/ACC Standards or the approved plans and specifications.
The ACC shall not commence such legal or equitable proceedings unfil a written notice of the deviation or violation has
been appropriately prepared and given to Me Owner but thereafter the ACC shall have the sole discretion to commence such
proceedings.
The authority of the ACC as herein provided shall Include the power to retain legal counsel and expert witnesses, pay filing
fees, deposition costs, witness fees and all other ordinary and necessary expenses Incurred In commencing and carrying out said
legal or equitable proceedings, all of which costs shall be paid by the Association.
M the event the ACC and/or Association shall prevail in any such legal or equitable proceedings, all costs and expenses
Incurred in connection therewith including, but notlimited to, attorneys' fees shall be reimbursed to the Association by the Owner
against whom said proceedings are filed and upon the failure of said Owner to reimburse the Association within five (5) days after
written demand therefor Is mailed to the Owner, the Association shall have the right to levy a Limited Assessment against the Owner
and the Lot owned by the Owner which Assessment shall be equal to said costs and expenses incurred plus any additional costs
and expenses Incurred in levying the Assessment. Said Limited Assessment shall be due and payable at such time or In such
Installments as may be determined by the Board, In Its sole discretion. The failure of the Owner to pay said assessments, or any
installment thereof when due, *hall be enforceable In the manner provided In Article K above.
MASTER DECLARATION - 13
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SECTION 11.13. Additional Damages. In addition to the costs and expenses to be reimbursed by the Owner or the
Complainant, all other costs, expenses and damages determined by the Board to be proximately caused by the deviation or violation
or the costs and expenses insured by the Association to correct the same shall be assessed as a Limited Assessment against the
Owner and the Lot owned by said Owner, or the Complainant and the Lot owned by the Complainant, as the case may be, which
Limited Assessment shall be due and payable at such time or In such installments as determined by the Board, In Its sole
discretion. The right of the Board to enforce said Limited Assessment shall be the same a provided In Article 01', above.
SECTION 11.14. Non -Exclusive Remedy. The right of the Association to levy a Limited Assessment as described In
Sections 11.12 and 11.13, above, shall not be deemed to be an exclusive remedy of the Association and It may, In its sole
discretion, without waiver of any other legal or equitable remedy, pursue enforcement of the lien of said Limited Assessment(s),
proceed to collect any amount due directly from the Owner and/or pursue any other remedies available at law or in equity.
SECTION 11.15. Private Rlahts. The Association shall not have the right to mediate or litigate private disputes between
Owners where there Is a legal or equitable remedy available to resolve said dispute when, in the sole discretion of the Board, the
Interests of the Association or a substantial number of the Owners would not be benefitted thereby.
ARTICLE XII.
:.X_*' eg
SECTION 12.01. Annexation. Additional property may be annexed to The landing Subdivision and brought within the
provisions of this Master Declaration by the Grantor, at any time, without the approval of any Owner or the Association,roo vided,
that such annexation is first approved by the U.S. Department of Housing and Urban Development ('HUD"), if such approval by HUD
Is required as a condition for FHA/VA financing. To annex additional property to The landing Subdivision, the Grantor shall record
an amendment to this Master Declaration which shall specify the annexation of the additional property to The Landing Subdivision
and which may supplement this Master Declaration with addition or different covenants and restrictions applicable to the annexed
property, as the Grantor may deem appropriate, and may delete or modify as to such annexed property such covenants as are
contained herein which the Grantor deems not appropriate for the annexed property, so long as the additional, different, deleted
or modified covenants or restrictions are not prohibited by the regulations and requirements of HUD for residential subdivisions of
the nature and type as The Landing Subdivision. Upon such annexation, the Owners of the Lots within the annexed prop" shall
become members of the Association with all rights, privileges and obligations as all other members. The amendment of this Master
Declaration as authorized by this Section, to annex additional property to The Landing Subdivision, shall be controlled by the
provisions of this Section and shall be expressly excluded from the requirements of Section 14.02 of this Master Declaration.
SECTION 12.02. De -Annexation, The Grantor shall have the right to delete all or a portion of the Property from the
coverage of this Master Declaration and the jurisdiction of the Association, so long as the Grantor Is the Owner of all of the property
to be de -annexed and, provided further, that an appropriate amendment to this Master Declaration is recorded in the office of the
Aria County Recorder.
ARTICLE XIII.
PROTECTION OF MORTGAGEES
SECTION 13.01. Purpose. Notwithstanding any and all provisions of this Master Declaration to the contrary, to Induce
the Federal Home Loan Mortgage Corporation ('FHLMC"), the Government National Mortgage Association ("GNMA'), the Federal
National Mortgage Association ('FNMA'), the Federal Housing Administration ("FHA*) and the Veterans Administration ('VA') to
participate In the financing of the purchase of Lots within The Landing Subdivision, the provisions of this Article are added thereto.
To the extent the following Sections of this Article conflict with any other provisions of this Master Declaration or the provisions of
any Supplemental Declaration, this Article shall control.
SECTION 13.02. Restrictions on Amendments. No amendment of this Master Declaration shall operate to defeat or render
invalid the rights of a Mortgagee or beneficiary under any first Mortgage or first Deed of Trust upon a Lot made In good faith and
for value and recorded prior to the recordation of such amendment, provided that after foreclosure of any such Mortgage or Deed
of Trust such Lot shall remain subject to this Master Declaration, as amended.
SECTION 13.03. Mortaagee Defined. For the purposes of this Article only, a 'Mortgagee" shall refer only to FHLMC,
GNMA, FNMA, FHA and VA, as described In Section 13.01, above.
SECTION 13.04. Riaht to Notice. Each Mortgages, upon filing a written request for notification with the Board In
accordance with Section 9.06, above, shall be given written notice by the Association of any default by the Owner of the Lot
encumbered by the Mortgage held by said Mortgagee In the performance of such Owner's obligations under this Master Declaration
and under any Supplemental Declaration applicable to the tat, the Articles or the By -Laws of the Association (hereafter collectively
referred to as 'Project Documents"), which default is not cured within thirty (30) days after the Association has notice of such default.
SECTION 13.05. Exemption From Prior Assessments. Each Mortgagee which comes Into possession of a Lot by virtue
of foreclosure or otherwise shall take title to such Lot free from any claims for unpaid Assessments and charges against the Lot
which accrue prior to the time such Mortgagee comes Into possession, except for claims for a share of such assessments or charges
resulting from a reallocation thereof to all Lots, including the mortgaged Lot.
SECTION 13.06. Chanaos Reauirina Unanimous Approval. Without the prior unanimous approval of all Mortgagees of Lots
within The Landing Subdivision, neither the Association nor the Owners shall:
(a) By act or omissions seek to abandon, partition, subdivide, encumber, sell or transfer the Common Meas
which are owned, directly or indirectly, by the Association, provided, however, that the granting of
easements for public utilities or for other public purposes consistent with the Intended use of the
Common Meas by the Association shall not be deemed a transfer within the meaning of this Section.
(b) Change the ratio of Assessments or method of determining the obligations, Assessments, dues or other
charges which may be levied against any Owner or the method of allocating distributions of hazard
Insurance proceeds or condemnation awards.
SECTION 13.07. Restrictions on Other Changes. Without the prior written approval of at least seventy-five percent (75%)
of the Mortgagees holding Mortgages on Lots within The Landing Subdivision, neither the Association nor the Owners shall:
(a) By act or omission change, waive or abandon any scheme of regulations or enforcement thereof,
pertaining to the architectural design of the exterior appearance of Improvements on Lots within The
Landing Subdivision, the exterior maintenance of said Improvements or the maintenance and upkeep
of landscaping within The Landing Subdivision.
MASTER DECLARATION - 14
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(b) Fall to maintain fire and extended coverage Insurance on Insurable improvements within the Common
Areas on a current replacement cost basis in an amount not Ilse than one hundred percent (10D%) of
the insurable value (based on current replacement cost);
(c) Use hazard Insurance proceeds for losses occurring within the Common Areas for any purpose other
than the repair, replacement or reconstruction thereof.
(d) Abandon or terminate the covenants, conditions, restrictions and easements of this Master Declaration
or any Supplemental Declaration.
(e) Make any material amendment to this Master Declaration or any Supplemental Declaration or to the
Articles or Bylaws of the Association or any Sub -Association.
SECTION 13.08. Right to Inspect Books, Etc. Mortgagees, upon written request, shall have the right to Q) examine the
books and records of the Association during normal business hours; (II) require from the Association the submission of audited
annual financing reports and other financial data; QII) receive written notice of all meetings of Owners; and Qv) designate in writing
a representative to attend all such meetings.
SECTION 13.08. Notification of Damage. Upon the Board receiving notice of any damage to the Common Area or any
Lot wherein the cost of repair, replacement or reconstruction exceeds Ten Thousand Dollars ($10,000.00) or notice of any
condemnation or eminent domain proceedings or other similar involuntary acquisition of any portion of The Landing Subdivision,
the Board shall give to each Mortgagee which has filed with the Board a written request for notice, prompt written notice of said
damage or condemnation.
SECTION 13.10. Right to Pay Charges. Mortgagess may pay taxes or other charges which aro In default and which
may or have become a charge against any Common Area and may pay any overdue premiums on hazard Insurance policies
covering said Common Area and said Mortgagees making such payments shall be entitled to Immediate reimbursement therefor from
the Association.
SECTION 13.11. Fldelity Bond Required. The Board shall secure and caused to be maintained in force at all times a
fidelity bond for any person or entity handling funds of the Association.
SECTION 13.12. Lessee's Obligations. Any agreement for the leasing or rental of a Lot, including a month-to-month rental
agreement, shall provide that the terms of such agreement shall be subject to the provisions of the Project Documents. All such
agreements shall be In writing and shall provide that any failure by the lessee to comply with the terms of the Project Documents
shall be a default under the leasing or rental agreement.
SECTION 13.13. Liability for Taxes. All taxes levied and assessed on the Common Meas must be asssssable against
those Common Meas only and the Association and/or any Sub -Association shall be solely responsible or the payment thereof.
SECTION 13.14. Waiver of Liability and Subrogation. Any provision in this Master Declaration which requires Owners to
Indemnity the Association, a Sub -Association, the Board or the Sub -Association Board or other Owners against acts of the Indemnitor
Is subject to the exception that If the liability, damage or Injury is covered by any type of Insurance and proceeds are actually paid
to the Insured by reason thereof, the Indemnitor Is relieved of liability to the extent of Insurance proceeds so paid.
SECTION 13.15. FNMA and GNMA Insurance Requirements. Notwithstanding any other provisions contained In this Master
Declaration, the Association or a Sub -Association shall continuously maintain In effect such casualty, flood and liability Insurance and
a fidelity bond meeting the Insurance and fidelity bond requirements for planned unit development projects established by FNMA
and GNMA, so long as either Is a Mortgagee or Owner of a Lot within The Larding Subdivision, except to the extent such coverage
Is not available or has been waived in writing by FNMA or GNMA
SECTION 13.18. Additional Contracts. In addition to the foregoing provisions of this Article, the Board may enter Into
such contracts and agreements on behalf of the Association as are required in order to satisfy the guidelines of FHLMC, FNMA,
GNMA,FHA, VA or any similar entity, so as to allow for the purchase, guaranty or Insurance, as the case may be, by such entity
of mortgages encumbering Lots within Improvements thereon. Each Owner hereby agrees that it will benefit the Association and
each Owner, as a class of potential mortgage borrowers and potential sellers of theirs Lots if such agencies approve The Landing
Subdivision as a qualifying subdivision under applicable policies, rules and regulations as adopted from time-to-fima.
SECTION 13.17. Consent to Release of Information by Mortgagee. Mortgagees are hereby authorized to furnish Information
to the Board concerning the status of any Mortgage encumbering a Lot and each Owner of a lot encumbered by such a Mortgage
hereby consent thereto.
SECTION 13.18. Restricted Application. h Is expressly provided that the terms, conditions and provisions of this Article
shall not be operative or in force and effect unless and until FHLMC, FNMA, GNMA, FNA or VA purchases, grantees or Insures
a Mortgage on a Lot within The Landing Subdivision and then only to the extent the same are required by said purchaser, guarantor
or Insurer. In the event the standards and guidelines of FHLMC, FNMA, GNMA, FHA or VA do not require, as a condition of
approval of The Landing Subdivision as a qualifying subdivision, the Inclusion of one or more of the provisions of this Article, said
non -required provisions shall be of no further force or effect.
ARTICLE XIV.
SECTION 14.01. Term. This Master Declaration and all covenants, conditions, restrictions and easements contained herein
shall run until December 31, 2030, unless amended as hereafter provided. After December 31, 2030, said covenants, conditions,
restrictions and easements shall be automatically extended for successive period of ten (10) years each, unless extinguished by a
written Instrument executed by the Owners of at Iwai three -fourth (3/4) of the Lots covered by this Master Declaration and such
written Instrument is recorded with the Ada County Recorder.
SECTION 14.02. Amendment. This Master Declaration may be amended as follows:
(a) By Grantor. Until title to a Lot within The Landing Subdivision is conveyed by the Grantor to an
Owner, this Master Declaration may be amended or terminated by the Grantor by recordation of a
written Instrument signed by the Grantor and acknowledged setting forth such amendment or termination.
(b) By Owner. Except where a greater percentage Is required by an express provision In this Master
Declaration, the provisions of this Master Declaration, other than this Section, may be amended by an
Instrument in writing, signed and acknowledged by the President and Secretary of the Association,
certifying that such amendment has been approved by a vote or written consent of Owners, Including
the Grantor, owning at least two-thirds (2/3rds) of the Lots covered by this Matter Declaration, and such
MASTER DECLARATION - 15
0 0
amendment shall be effective upon Its recordation with the Ada County Recorder. Any amendment to
this Section 14.02 shall require the vote or written consent of the Owners, Including the Grantor, of two-
thirds (2/3rds) of the Lots covered by this Master Declaration.
SECTION 14.03. Sewer Covenants. The following covenants shall run with each Lot and any Common Area affected
thereby and Shell be binding upon each Owner of a Lot and all occupants of any Improvements constructed on a Lot:
(a) No Lot may be used or occupied for any allowed use unless the Same is connected to the public
sewerage collection system constructed and installed within the Property.
(b) All sewer hook-up fees charged by the municipality having jurisdiction and control over the Lot shall
be paid by the Owner at the time of construction of the Improvements thereon and the connection
thereof to the public sewerage collection system, said sewer hook-up fees to be paid at such time and
In such amount as shall be required by the ordinances and regulations of the municipal entity having
jurisdiction thereof.
(c) A monthly sewerage charge shall be paid to the municipal entity having jurisdiction thereof, or Its
designee, after connection to the public sewerage collection system In accordance with the ordinances
and regulations of said municipal entity.
(d) All sewer service lines connected to the sewerage collection system constructed and Installed by the
Grantor In the Property shall be constructed In accordance with all applicable codes and regulations and
shall be Inspected as required by the governmental entity having jurisdiction thereof to assure a
minimum of infiltration from said service line Into the sewerage collection system.
(e) The Grantor shall provide access, satisfactory to the governmental entity having jurisdiction thereof, for
sewer cleaning equipment to all sanitary sewer manholes located outside of public right-of-way.
(f) The Grantor and each Owner of a Lot hereby authorizes the governmental entity having jurisdiction
thereof, or Its designee, to bring any action If deems necessary or required for the collection of any
fees or charges due said entity for sewer service connected or monthly sewer charges and/or to
otherwise enforce any of the obligations respecting the connection to the public sewerage collection
system or use thereof as provided in this Section.
SECTION 14.04. Books and Records. All books, records and minutes of the Board and all other books and records
maintained by the Association shall be made available for Inspection and copying by any Owner or by his duly authorized
representative, at any reasonable time and for a purpose reasonably related to his Interest as a member In the Association, or at
such other place and time as the Board shall prescribe.
SECTION 14.05. Non -Waiver. The failure of the Grantor, the Board or any Owner In any one or more Instances to Insist
upon the Strict performance of any of the covenants, conditions, restrlctlons, easements or other provisions of this Master Declaration
or to exercise any right or option contained herein, or to serve any notice or to Institute any action, shall not be construed as a
waiver or relinquishment for the future of such oovenanb condition, restriction, easement or other provision, but the Same shall remain
in full force and effect.
SECTION 14.05. Acceptance. Each Owner of a Lot, each purchaser of a Lot under a contract or agreement of sale and
each holder of an option to purchase a Lot, by accepting a deed, contract of Sale or agreement or option, accepts the same subject
to all of the covenants, conditions, restrictions, easements and other provisions set font In this Master Declaration and agrees to
be bound by the same.
SECTION 14.07. Indemnification of Board Members. Each member of the Board and each member of the ACC shall be
indemnified by the Owners against all expenses and liabilities, Including attorneys' fees, reasonably Incurred by or Imposed In
connection with any proceeding to which Said member may be a party or In which said member may become involved, by reason
of being or having been a member of the Board or the ACC, or any settlement thereof, whether or not said person is a member
of the Board or ACC at the time such expenses or liabilities are Incurred, except In such cases wherein said person is adjudged
guilty of willful misfeasance or malfeasance In the performance of his or her duties; provided that in the event of a settlement, the
Indemnification shall apply only when the Board or the ACC approves such settlement and reimbursement as being In the best
Interest of the Association or Owners. This Section shall extend to and apply also for the Indemnification of the Grantor during
the Initial period of operation of the Association or prior thereto during the period the Grantor is exercising the powers of the
Association.
SECTION 14.08. Notices. Any notice permitted or required to be delivered as provided In this Master Declaration shall
be in writing and shall be delivered either personally or by mail. 8 delivery is made by mall, It shall be deemed to have been
delivered seventy-two (72) hours after the same has been deposited In the United States mall, postage prepaid, properly addressed.
SECTION 14.09. Interpretation. the provisions of this Master Declaration and any Supplemental Declaration shall be liberally
construed to effectuate the Project Objectives set forth in Article IV, above, and shall be construed and governed by the laws of
the State of Idaho. Unless the context requires a contrary construction, the singular shall Include the plural and the plural
the singular; and the masculine, feminine or neuter shall include the masculine, feminine or neuter. All captions and titres used
In this Declaration are Intended solely for convenience of reference and shall not affect that which Is set forth In any of the
provisions hereof.
SECTION 14.10. Severability. Notwithstanding the provisions of the preceding Section, each of the provisions hereof shall
be deemed Independent and severable and the invalidity or unenforceability of any provision or portion thereof shall not affect the
validity or enforceability of any other provision.
IN WITNESS WHEREOF the Grantor has executed this Master Declaration as of the day and year first above written.
EDWARD A. JOHNSON
JANICE M. JOHNSON
MASTER DECLARATION - 16
STATE OF IDAHO
ss:
County of Ada
0
On this day of , 1991, before me, the undersigned, a Notary Public In and
for said State, personally appeared EDWARD A. JOHNSON and JANICE M. JOHNSON, husband and wife, known or identified to
me to be the persons who executed the foregoing 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 In this certificate first
above written.
Notary Public for Idaho
Residing at , Idaho
My Commission
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
March 23, 1990
It HUB OF TREASURE VALLEY 46
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone 8884433
To All Concerned Parties:
GRANT P. KINGSFORD
Mayor
COUNCILMEN
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERT GIESLER
MAX YERRINGTON
Chairman Zoning d Planning
JIMJOMNSON
You recently received a certified letter notifying you of a proposed
subdivision and the date of a Public Hearing before the Meridian
Planning & Zoning Commission for April 10, 1990 at 7:30 P.M.
We had two proposed subdivisions scheduled for this meeting and the
notices and maps were matched incorrectly.
Attached you will find the correct information regarding the
proposed subdivision. We apologize for any inconvenience this may
have caused you. Please disregard the first notice you received.
Sincerely,
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
Planning and Zoning Commission 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
April 10, 1990, for the purpose of reviewing and considering the
Application of Skyline Development, Inc., for a preliminary plat
of Mallard Landing Subdivision, which is generally located in
the NE 1/4 of Section 13, T. 3N., R 1W., Boise -Meridian, Ada
county, Idaho, for approval of an approximately 89 single-family
dwelling residential subdivision. The property is generally
located near the SE corner of the intersection of Linder Road
and Franklin Road.
A more particular legal description for the parcel 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`5q�°%day of March, 1990.
AMBROSE,
'ITZGERALD
CROOKSTON
N,/CITY CLERK
Cow"fors
P.O. Box 4277
edd1w.Idaho
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HART, CHASE & LEANN R.
1491 W. CRESTWOOD
MERIDIAN, IDAHO 83642
VANHEES, LARRY ET UX
2600 N. TEN MILE RD.
KUNA, IDAHO 83634
HARBAUGH, HENRY G. & SYLVIA F.
115 S. LINDER
MERIDIAN, IDAHO 83642
VANHEES, HARLAN & FLORENCE
420 W. CARLTON
MERIDIAN, IDAHO 83642
HUmPHEREYS, RICH & EVALINE
345 S. LINDER RD.
MERIDIAN, IDAHO 83642
HARTSHORN, LUTHER &
KAYS, AGNES
465 S. LINDER
MERIDIAN, IDAHO 63642
DEBOER, MM JR. & JUDY L.
485 S. LINDER
MERIDIAN, IDAHO 83642
SEAMONS, STEVEN & HELEN L.
515 S. LINDER
MERIDIAN, IDAHO 83642
GA,S, M, WAYNE & MARJORIE A.
635 S. LINDER 83642
MERIDIAN, IDAHO
A
WADDINGTON' JOHN A. JR. & ARMANfl
675 LINDER O 83642
MERIDIAN,
HIHATH,il�� & ERMA
755 S• IDAHO 83642
MERIDIAN,
SAVINGS & LOAN
wxlaw FED -
Po BOX 1460 83701-1460
WISEr IDAHO
S2W00D INC.
p0 �X 26883701-2268
IDAHO
BOISE,
RILLMUELLER,.JOANNE M.
4535 RAMBLIN ROSE DR.
MERIDIAN, IDAHO 83642
FORS, GARY & KAY M.
843 LILAC
MERIDIAN, IDAHO 83642
CALHOUN, JOHN M. & COLLEEN J.
660 S. LINDER
MERIDIAN, IDAHO 83642
SENDT, WILLIAM & BARBARA E-
1900 N. LINDER RD.
MERIDIAN, IDAHO 83642
BIGGS, DONALD R. & CATHERINE
1475 W. KIMRA STREET
MERIDIAN, IDAHO 83642
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FOR VALUE RECEIVED
VICTOR IS. JOHNSON, AN C:\^MIED PERSON' ON AND SINC£ THE
DATE OF ACOCIRING TITLE, DBA SYSTMIS CONSTRUCTION
hereby GRANT,
NXD
CATHERINE TAYIIJR BIGGS, HCSRa\D AND KFE
GRANTEE(S), whose current address is: 11
the following described real property in 1375 N. MIRA, STREET, M RIDL\V, ID 8361';unty, State of
more particularly described as follows, to wilt ADA
LOT 3 IN BLOCK 5, -CREST HOOD ESTATES SLBDLIISION NO. 4, ACCORDING
THE PLAT THEREOF, FILED M-BOOK-56-OF_PLATS AT PAGES 523_9.ANM_a?4
RECORDS OF ADA COUNTY, IDAHO. ----------.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantees) heirs
and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s). that Grantor(s) is/are
the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this
conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restric-
tions, dedications, easements, right of way and agreements, (if any) of record, and general taxes aad assessments, (includes
irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will war-
rant and defend the same from all lawful claims whatsoever.
Dated:
W.
ACKNOWLEDGEMENT — Individual
STATE OF Idaho , County of Ada , ss.
on this 17th day of November
In
the year of 1989 before me
the undersigned , a notary public,
personally appeared Victor W. Johnson
known or
Identified to me to be the persoh _ whose name is
subscribed to the within instrument, and acknowledged to me that
_ he�_F'eated'thE s6pte. ••,. %�
Notary Pub115i A 4� • t...
Rcold lr�s sit
EXPIRATION D#TE r
�
u . .
STATE OF IDAHO, COUNTY OF f _
I hereby certify that this instrument was flied for record at the
request of HONER TITLE CO.
at q1z minutes past 3 o'clock e m.,
'
this sad �01 day of `I
19 Uin my office, and duly recorded in Book
of Ddeds at page
Ex -Officio Recorder
By ���C✓L;
Fees S p rv, 3 rV�
Mail to:
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of thi
City of Meridian and the laws of the State of Idaho, that thi
City Council of the City of Meridian will hold a public hearini
at the Meridian City Hall, 33 East Idaho Street, Meridian,
Idaho, at the hour of 7:30 o'clock p.m., on May 15, 1990, for
the purpose of reviewing and considering the Application of
Skyline Development, Inc., for a preliminary plat of Mallard
Landing Subdivision, which is generally located in the NE 1/4 of
Section 13, T. 3N., R 1W., Boise -Meridian, Ada County, Idaho,
for approval of an approximately 89 single-family dwelling
residential subdivision. The property is generally located near
the SE corner of the intersection of Linder Road and Franklin
Road.
A more particular legal 'descri
file in the office ption for the parcel is o
Of the City Clerk of the City of Meridian and
is available upon request.
Public comment
will be taken and
DATED is welcome.
this
/�� day of April, 1990. n
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