HomeMy WebLinkAboutChateau Meadows East #3 FP
MERIDIAN CITY COUNCIL
APRIL 2, 1991
PAGE #4
Giesler: If we dead end it at this time I don't know who will ever pick it up later
on.
Myers: This is a good time to do it and I think it needs to be done.
Cafferty: What happened to the original recommendation that ACRD made that they find
an easement to the west of the Meridian Kuna Highway.
Kingsford: It's easy to make a recommendation .but if .there is no place to get it, you
don't own the property, it's almost impossible to obtain.
Cafferty: Why hasn't Ada County been present at one of these meetings?
Kingsford: I guess it's not their policy to attend our meetings. My sympathy goes
out to you guys and I do realize that you are in the county and would like to stay that
way but as things grow things change. The Highway District is going to blade overlay
it.
Les Schild: Pave that road now.
Kingsford: Norm is saying that it might be realistically three years before that's
paved.
ITEM #5t FINAL PLAT: MISTY MEADOWS #2:
- -- - -
Myers: I assume that all these things have been taken care of. - - -" -
_.
Eng. Smith: They haven't resubmitted the water and-sewer plans.-again.
The Motion was made by Myers and seconded by Tolsma to approve the Final-Plat on Misty
Meadows #2 subject to Engineer's approval of water and sewer plan.
Motion Carried: All Yea:
ITEM #6: FINAL PLAT: CHATEAU MEADOWS #3:
Eng. Smith: I heard from the developers engineer today and he said that the highway
district will be acting on .this 40 ft..right of way-requirement or-request_on Yhe-short- .--
section of E. Greenmeadow Drive=or Court,-he is-wanting to-reduce that from .a.-5Q,ft_ _ _-.
right of way to a-40 ft. right _of way for that culdesac. According to what he told
me the Highway District has that item on their consent agenda for next Thursday. I
assume that consent agenda is approval although he didn't say.
The Motion was made by Myers`and seconded by Giesler to approve the final plat for Chateau
Meadows #3 subject to ACHD's approval.
- _- -
Motion Carried: All Yea:
OFFICIALS
JACK NIEMANN, City Clerk
JANICE GASS, Troeeurer
BRUCE D. STUART, Wster Workn Supl.
WAYNE G. CROOKSTON, JR., Attorney
EARL WARD, Weete Weter SUpt.
KENNY BOWERS, Firo Chief
BILL GORDON, Pollce Chlet
GARY SMITH, Clty EnDineer
XUBOFTREASUREVALLEY
A Good Place to Live
COUNCILMEN
CITY OF MERIDIAN V
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A
"°
BERT
E
ERS
33 EAST IDAHO ROBERT OIESLER
MAx YERRINGTON
MERIDIAN, IDAH083642
ChelrmenZonlnpaMenniny
Phone 8864433 ~ JIM JOHNSON
GRANT P. KINGSFORD
Mayor
February 15, 1991
Mr. Leon Blaser, President
Interwest Financial
3350 Americana Terrace
Boise, Idaho 8370G
RE: Chateau Meadows East No.3 Subd_
Dear Leon:
This morning at 11:00 A.M. a pre-construction meeting for
this project was held at City Hall. At this time a "final
plat" has not been formally submitted for City Council review
and approval. The fact that the pre-construction meeting
was held and plans for the sewer and water have been approved
does not imply that the plat has been approved. It is possible,
although probably remote, that the City Council would request
a change or changes that could affect your sewer and water
installation. You are, therefore, proceeding at your own
risk with the installation of the sewer and water systems
for this subdivision prior to final plat approval by the
City Council.
Si erely,
/(~~
Gary D. Smith, PE
City Engineer
cc: File
David Collins, PE/LS
City Clerk Niemann
SU~IVISION EVALUATION S~
Proposed Development Name CHATEAU MEADOWS EAST N0. 3 City MERIDIAN
Date Reviewed 3/28/91 Preliminary Stage Final RRX}QCZR
Engineer/Developer Collins Engr./Interwest Development Date Sent
The following SUBDIVISION NAME is approved b~ the Ada County Enginner or his
designee per the requirements of the IDAHO STATE CODi~i.
';iP.-i^.A`! !~ ts..r_:~„=. cA<c- ~,• z, % i G- !.~ Date ~j?~ /C~'
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 the Boise City Street Name Ordinance.
The following existing street names shall avoear on_the vlat as:
"N. LOCUST GROVE ROAD"
"E. CHATEAU DRIVE"
"N. LOCHNESS WAY"
"E. GREEN MEADOW DRIVE" is over ten letters in length and may need to be
changed if Ada County Highway District will not make a sign that lone. Please
stet it in writing from them before using this name.
The above street name comments have been read and approved by the following
agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the
signatures must be secured by the representative or his designee in order for the
street names to be officially approved.
ADA CODMTY STREET NAME COMMITTEE,
Ada County Engineer John Priester
Ada Planning Assoc. Terri Raynor
Local Fire Dept. Representative
OR DESIGNEES
Date ~~' .Z~~
Date /
Date
MOTE: 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 1!!! Sub Index Street Index ~- Map
.., i i /,0 // .~/__ 1.,.
NUMBERING OF LOTS AND BLOCKS
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............. 838
• CHA~ MEADOWS # 3
FINAL PLAT
C O M M E N T S
1: Ada County Highway: Nothing Received:
2: Central District Health: Can approve with Central Water & Sewer:
3: Nampa Meridian: Nothing Received:
4: City Engineer: See Letter Attached:
5: Police Department: No Problems:
6: Building Department: No Objections:
7: Sewer Department: Construction Plans have been approved:
OFFICIALS
JACN NIEMAN N, Clty Glerk
JANICE OASS, Treesuror
BRUCE D. STUART, Welar Works Supt.
WAYNE O. CROOKSTON, JR.. Attorney
EARL WARD, Wute WNar Supl.
KENNY BOWERS, Fire CNeI
BILL OOROON, Pollee C~lel
OARY SMITH, Clty Enalnaer
March 19y 1991
• HUBOFTREASUREVALLEY •
A Good Place to Live
CITY OF MERIDIAN
33EASTIDAHO
MERIDIAN, IDAHO 83642
Phone 888433
GRANT P. KINGSFORD
Mayor
Mr. David Collins, PE/LS
Collins Engineering, Inc.
3350 Americana Terrace, Suite 120
Boise, Idaho 83706
RE: Chateau Meadows East No. 3 Subd.
Final Plat - Covenants
Dear David:
I. Final Plat:
Your resubmittal of this plat contains the revisions I had re-
quested in mR' February 7y 1991 letter.
CAUNCILMEN
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERT OIESLER
MAK YERRINOTON
ClMirrnen Zonina S Plannlna
JIM JONNSON
The right of way width for the E. Green Meadow Drive stub to the
east of Lochness Way had not been finally decided at the time of
your February submittal. I would appreciate receiving a copy of
the ACEID correspondence approving the 40 foot width you now
show. It is my understanding this section of street will still
be 36 feet wide, back to back of curb, with a detached 5 foot
wide sidewalk that will slightly meander within the 5 foot wide
ACFID right of way easement you have shown. Please let me
know if this is not correct.
II. Covenants:
The second paragraph of page 1 claims two exceptions which appears
to me should be sections 13 and 24 in lieu of 23 and 40 shown.
A portion of section 40 does apply to this No. 3 plat.
if you have any questions concerning my comments give me a call.
Sincerely,
~~~
Gary D. Smith, P.E.
City Engineer
c.c. File
City Clerk
•ENTRAL DISTRICT HEALTH DEPARTME~
ENVIRONMENTAL HEALTH DIVISION
1455 North Orchard
Boise, Idaho 83706
REVIEW SHEET
Return to:
Boise
Rezone # _
~gle
Conditional Use # _ Meridian
_
Preliminary/Final/Short Plat Kuna
1. _ We have no objections to this proposal.
2. We reccxnnend denial of this proposal.
3. _ Specific knowledge as to the exact type of use must be provided before we can conment on
this proposal.
4. _ We will require more data concerning soil conditions on this proposal before we can comrent.
5. _ We will require more data concerning the depth of (high seasonal ground water)(solid lava)
from original grade before we can cament concerning individual sewage disposal.
6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above
solid lava layers.
7. _~ We can approve this proposal for:
Central sewage _Interim sewage Individual sewage _ Ca~muiity sewage system
and LiC°entral water _Individual water _ Commuiity water well.
8. ~ Plans for central sewage Caimmity sewage systen Sewage dry lines, and
.zP'entral water _Comnunity water must be submitted to and approved by the Regional
Health and Welfare Envirorn~ental Services Field Office.
9. v Street runoff is not to crate a rtgsquito breeding problem.
10. This department would recrnmend deferral until high seasonal ground water can be determined
if other considerations indicate approval.
11. _ If restroan facilities are to be installed then a sewage systan MUST be installed to meet
Idaho State Se„age Regulations.
12. _ We will require plans be sutmitted fora plan review for any (food establishment)(beverage
establishment)(swimning pools or spas)(grocery store).
13.
/~l~
Reviewed by
Rate
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CENTRAL DISTRICT HEALTH DEPARTMENT
ENVIRONMENTAL HEALTH DIVISION
1455 North Orchard
Boise, Idaho 83706
REVIEW SHEET
Rezone #
Conditional Use #
Return to:
_ Boise
Eagle
~~Meridian
Kura
AC7
Ge7z' ~-7 63
1. We have no objections to this proposal.
2. We recamend denial of this proposal.
3. _ Specific knowledge as to the exist type of use must be provided before use can cament on
this proposal.
4. We will require more data concerning soil conditions on this proposal before we can cament.
5. _ We will require more data concerning the depth of (high seasonal ground aater)(solid lava)
from original grade before we can comrent concerning individual sewage disposal.
6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above
solid lava layers.
7. _v We can approve this proposal for:
~tral ge Interim sewage Individual sewage _ Community sewage system
/~ and ntral/water _lndividual water _ Com~unity rater well.
8. Pla~~nyy~~--for `Central sewage Caimmity sewage systan Sewage dry lines, and
liL'entral water Camunity water must be subnritted to and approved by the Regional
/Health and Welfare Environmental Services Field Office.
9. v Street runoff is not to create a mosquito breeding problen.
10. _ This department would reccmrend deferral until high ~~1 ground water can be determined
if other considerations indicate approval.
11. _ If restroom facilities are to be installed then a sewage system MUST be installed to meet
Idaho State Sewage Regulations.
12. _ We will require plans be suhnitted for a plan review for any (food establistment)(beverage
establi.slment)(swimning pools or spas)(grocery store).
13.
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•RINT[O IN Y.a~.
• -
No.
I 1420 Orow • BOiae, Idat10 !3702.5241
f.tr No. (20B> 343-5750
.4,, lettorrs (208) 3442507
"H R's EASCfrkal, It's at Albway. "
PROPOSAL AND
ACCEPTANCE
PROPOSAL SUBMITTED TO PHONE DA E
1r.±eewe•-t [i.,, ._,l._,pmF,l...lt. ~g~-i;`;Sg gjl.i,:gl.
STREET JOB NAME
_.~
_~_:50 Amer
icana. 1e1"ra.i::c _
L;hatea~_1. I'li~ad-xa<_ L,.=_;i:. #?
I ,STATE AND ZIP CODE JOB LOCATION
Bi~1.SFa IG B:'i'i6 hJ, l0~=~1_I ts, ~t Grove
AR HITECT DATE F LAN JOB PHONE
Leon Hlaser
rve nereoy suomn specntcauons and esnmates tor. ~ ~ ~ p
STREET LIGHT STANDARDS ~f,A.~e-,~„~r~l.,_-
~'if' ~ ,1'eE:~l.-pol.e~ F"act~rv p3ltf_,ct Dark:~ns., ~~I
life W a t+ H~ 5 SI~'ioe>, o f i.:~ tl, t-a._ f ~(--_- ~~~.'_.'~~.(,(1e"~S'' v
Comoi arc installation, includes concrete -b see-'~f4~`,i~,i`~•~eR~~older-+~~_ ~~
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F.r-i.;_e pev- ea.•~h l:i~Ffti.nc)tani~t...installed >•4~c~yiJLf...._-t,oi:a7...di..cJ~i,Cft~
- 2y HrQ..-, q l
1_Inde.r r-oun~1 c.o is ~; ~' y ~.I?l? it. 1.1^_5.ix
Fipe=, w, re, a.nd 9 ~ _ -. C
rermlt -- --
Note: i chccke~d, Idaho polaer- has_no e~ondary
on West sidE: of Locust Grc~.re.
We PrOpOSe hereby to furnish material and labor-complete in accordance with above specifications, for the sum of:
(E )-
All materiel Is guaranteed to be as specified. All work to be completed In a workmanlike manner
according to standard practices. Any elteratlon or tlev1at10n from above spxltications irnoMng
eztra coats will Oe ezecuted only upon written orders, and will become an eztw ctarga over
erM ebrne the estimate. All agreements contingent upon strikes, accidents or Delays beyond
our eontr0l. Owner to carry fire, tornado and olber necessary insurance. Our worker ere fully
covered by Workman's Compensation Insurance.
Acceptance of Proposal The above prices, scecifications
and conditions are satisfactory and are hereby acceptetl. You are author-
ised to do the work as specifietl. Payment will be rttade as ou8ined above.
AUthOfl2ed
Signature
Note: This proposal may be
withdrawn by us If not acceptetl within days.
Date of Acceptance
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CHATEAU MEADOWS EAST NO. 3 SUBDIVISION
RESTRICTIVE COVENANTS
The undersigned, betng the owners of the property
hereinafter described, do hereby adopt the following protective
covenants in their entirety to apply to real property to be
subdivided and contained in a subdivision to be known as CHATEAU
MEADOWS EAST N0. 3 Subdivision, a portion of the SW 1/4, of
Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho.
The Restricive Covenants for Chateau Meadows East No. 3
Subdivision are the same in their entirety as those Restrictive
Covenants adopted in that Phase of Chateau Meadows East
Subdivision known as Chateau Meadows East No.l Subdivision with
the exception of Sections 23 and 40 below.
The said Chateau Meadows East Subdivision is divided into
single family residential lots In compliance with the local and
state regulations and laws.
The. following covenants shall run with the land and be in
force and effect as outlined below unless or until terminated by
agreement of the owners of seventy-five percent (75~) of the land
in the subdivision and after all lots therein have been sold by
Interwest Development Corp., hereinafter .called "Developer".
Modification or termination of these covenants can only be made
with the consc+nt of the Developer while any lots in this
subdivision remain in the ownership of the Developer, and are as
follows:
(i) No building, fence, wall, structure, improvement or
obstruction shall be placed or permitted to remain upon any part
of said property unless a written request for approval thereof
containing the plans and specifications therefore, including
~rxterior color scheme, has been approved fn writing by the
Architectural Committee. The approval of the Committee shall not
be unreasonably withheld if the said plans and specifications are
for improvements which are similar In general design and quality,
and generally In harmony with the dwellings then located on said
property.
(~) VarlatlCes in building set-back requirements shown on
plat may •be given by the Architectural committee upon proper
showings and so long as the Meridian City ordinances on set-backs
are met.
z
(3) The ground floor area of the one-story house in this
subdivision shall not be less that 1300 square feet on the ground
floor excluding covered porch areas, breezeways, garages or
patios. Two-story and tri-level homes shall have not less than
1400 square feet, exclusive of the covered porches, entrances,
garages or patios. One-level homes with basements shall have a
minimum of 2400 square feet with the ground level having a
minimum of 1200 square feet, also excluding covered porch areas,
breezeways, garages or patios.
(4) The value of each constructed residence shall equal or
exceed $68,000 based on December 1989 values.
(5) The design of each house in this
endeavor to Include aesthetic qualities such
cedar, or stone facings on the front exposure.
of at least 4 In 12 pitch, broken roof lines,
etc. Exterior colors of earth tones or
encouraged. Bright or bold colors, or very d
discouraged.
subd[vision shall
as brick, redwood,
Bay windows, roofs
gables, hip roofs,
grays shall be
irk colors shall be
(6) No gravel roofs, split entry homes, or moving of pre-
built homes into subdivision.
(7) All lots shall be provided with a driveway contain)ng a
minimum square footage such that two ofP-street automobile
parking spaces are provided within the boundartes of each lot.
(8) All such parking area requirements shall be exclusive
of a required attached and enclosed two car garage area which
will hold no less than two cars and no more than three.
(9) For the
open porches shall
provided, however,
portion of a build
building shall be
level.
purpose of the covenants, eaves, steps, and
not be considered as part of a building,
that this shall not be construed to permit any
ing on a lot to encroach upon another int. No
in excess of two storfes above natural ground
(10) Fences shall not extend closer to any street than
twenty feet (20), with the exception of those lots backing to
North Locust Grove or Chateau Lane, nor higher than six (6) feet
without express approval of the Architectural Committee and the
Meridian City Council, and shall be of good quality and
workmanship and shall be properly finished and maintained. The
location of fences, hedges, high plantings, obstructions or
3
barriers shall bu su situated as not to unreasonably interfere
with the enJoyment and use of neighboring properties and streets
and shall not be allowed to constitute an undesirable or noxious
or nuisance use. The determination of the Architectural
Comm[ttee shall be binding on all parties as to whether an
undesirable, noxious or nuisance use exists.
(il) Nu Duplex or multi-family building shall be located
within the boundaries of this subdivision.
(12) Constrrzction of any residences on the subdivision
shall be diligently pursued after commencement thereof, to be
completed within eight (8) months.
(13) The sanitary sewer line easement shown on the plat
common to the easterly line of Lot 6 and the westerly line of Lot
5, Block 1, that exists wtth tine following conditions:
(a) The easement granted is for the purpose of operation of
a sanitary sewer line and allied facilities, together with their
maintenance, repair and replacement at the convenience of the
city, with the free rtgtrt of access to such facilities many and
all times.
(b) The Lot. owner(s) of record will not place or allow to be
placed any permanent structures, trees or large shrubs on the
area shown for this easement which would interfere with the use
of the easc•meni for the purpose stated herein.
(14) Landscaping of front yard is to be completed within 30
days of substantial comp)etion of home, or within 30 days of
occupancy, to include but nut. be limited to sod In front yard,
one flowering tree of at lease 1 1/2" caliper, three (3) five
gallon plants and five (1) r,nc gallon shrubs. Tn the event of
undue hardship due to weather conditions, this provision ma •y be
exi.ended fur a reasonable length of time upon written approval of
the Architectural (',ommittee. Grass will be planted in the back
yard within one year of occupancy.
(t5) Each home is io have a Photo-Sensitive yard or house
]lght installed such that the front yard area between the house
and the front property line is illuminated. The light is to be
designed to automatically switch on at sunset and off at sunrise
with a minimum bulb power of 60 watts and be wired direct to
breaker box panel.
(16) No building shall be moved onto the premises.
(17) No shack, tent, trailer house, or basement only, shall
be used within the subdivision for living quarters, permanent or
temporary.
4
(18) Nothing of an offensive, dangerous, odorous, or noisy
kind shall be conducted or carried on nor shall anything be done
or permitted in Bald subdivision which may be or become an
annoyance or nuisance to the other property owners in said
subdivision. Weeds shall be kept cut to less than four (4)
inches.
(19) Keeping or raising of farm animals or poultry shall be
prohibited. All dogs and cats or household pets kept on these
premises shall be properly fed and cared for and shall be
adequately fenced so as not to annoy or trespass upon the use of
the property of others.
Any other requests by lot purchasers must be approved by the
Architectural Committee. Dogs shall not be allowed to run at
large.
(20) No business shall be conducted on the above property
unless legally permitted under the existing and prevailing zone
restrictions. If permitted, no business or commercial use shall
he allowed that cannot be conducted within the resfdenre nf. the
owner. ~`o signs shall be installed to advertise Bald business.
No oil exploration or development of any nature or kind or mining
exploration, development or structure shall be permitted upon the
lots in this subdivision.
(2i) Only one (1) outbuilding per lot will be allowed. Al]
outbuildings shall be construcied of good quality building
material, completely finished and painted on the. outside anti
shall be of good quality and character that will be in harmony
with then other buildings on said property and must be ap{+roved D,y
the Architectural Committee.
(.<^) Nv building nr structure shall he placed on said
property sn as to obstruct th? windows or light of an,y adJolning
property owner in said subdivision.
(~3) Th.± casement area of each iot and all improvements in
:i shall be• mainiained continuously by the owner of the lot,
except for those lmpr uvc~mP nis for which a public authority or
uiillty is responsible.
5
(24) This subdivision is within the Nampa-Meridian
Irrigation District and subJect to any and all assessments of
said district.
(25) All bathroom, sink and toilet facilities shall be
located inside ttre dwelling house or other suitable appurtenant
building, and shall be connected by underground pipe to wet line
sewer connection lines.
(26) No sign of any kind shall be displayed to public view
on any buliding or building site on said property except a
professional sign of not more than flue (5) square feet
advertising the property for sale or rent, or signs used by the
developer to advertise the property during construction and sales
period. If a,property is sold or rented, any sign relating
thereto shall be removed Smmediately, except that the Declarant
or its agent may post a "sold" sign for a reasonable period
following the sale.
(2T) ~o lot or buliding site included within this
subdivision shall be used or maintained as a dumping ground for
waste material. Incinerators are not permitted. Receptacles for
storage of trash, garbage, etc., shall be maintained in a
sanitary and clean condition.
(2R) Farking of recreational vehicles, boats, trailers,
motorcyc',,~s, `.ruc{:s, truck-campers and like equipment, or Junk
curs nr other onslgLtly vehicles, shall nut be allowed on any
part of said property nor on public ways adJacent thereto
esceptiny ,urly within the conftnr.s of an enclosed garage, or
other approved enclosure, end no portion of same ma ,y prnJect
beyond ', 're c•nclnsed area. Parking of automobiles or other
vehicles on ,,ny part of the property or un public ways adJacent
thereto shall be prohibited except wlt6in garages, carports, or
other appruv,•u ar,±a :;. The Architectural Committee shall be the
solo ~,nd e,~clnt;ivF• Judges of approved areas. Their decision Is
final and bJnding.
s
(29) No machinery, building equipment or material shall be
stored upon site until the Grantee is ready and able to commence
the construction with respect to such building materials which
then shall be placed within the property line of such building
site upon which the structure is to be erected.
(30) Installation of radio and/or television antennae or
satellite dishes is prohibited outside any building without
written consent from the Architectural Committee, which would
require them to be screened from street view.
(31) These covenants shall run with the land and shall be
binding on all persons owning under them for a period of ticirty
(30) years from the date of this recording thereof, after which
time such covenants shall be automatically extended for
successive periods of ten (10) years, unless at an,y time after
the initial recording of this Instrument, an instrument signed by
the owners of 75% of the land of this subdivision has been
recorded agreeing to change or terminate said covenants in whole
or pari and after all lots thr.rein have been sold by the
Developer. Modification or termination of these covenants can
only be made with the consent of the Developer so long as any
lots }n this subdivision remain In Developer's ownership.
(32) Enforcement against an,y person or persons violating or
attempting to violate any covenant herein after ten (10) days
notice? thereof in writing served on the offending pari ,y, stall be
had by any property owners within said subdivision either at law
or equity. In the event of Judgement against any person for such
the Court may award 1nJunctlon against any person for such
violation, require such compliance as the Court de«;ms n~•cnssary,
:.ward such damages, reasonable counsel fees and Court costs as
may he suffered or incurred, and such other or farther relief as
may b.• deemed Just and equitable.
(33) Any Owner, or the owner of any recorded mortgage upon
any part of said property, shall have the right to Enforce, by
proceeding at law nr In equity, all restrictions, conditions,
covenants, reservation,, ).tens, and charges now hereafter imposed
by the provisions of the Declaration. Failure by an,y owner to
enforce any covenant or restriction herein contained shall in no
event be deemed as a waiver of the right to do so thereafter.
7
(34) A committee of three persons shall. act as an
architectural design committee and shall, prior to any new
construction in said subdivision, be furnished with one set of
detailed plans and specifications of any proposed building to be
located in said subdivision and shall be allowed ten (10) days to
review said plans, draw[ngs, and .specifications. If said
committee shall approve of the proposed building, or modification
or alteratton thereof, they shall so indicate by the dating and
signing of the set of plans by a member of the committee, and
their approval shall be construed as full compliance with the
provisions of Paragraph One (1) of the original covenants. Said
committee shall have sole discretion to determine what shall be
substantial compliance without prior consent of said committee.
The committee shall consist of the following:
A Leon Blaser 3875 Twilight Dr. Boise, Id 83703
Bruce Blaser 4378 Kitsap Dr. Boise, Id 83703
Terr+sa A. Blaser 3785 Twilight Dr. Boise, Id 83703
After the developer has sold all the lots in t6ts
subdivision, the Architectural Review Committee shall be turned
over to the residents of the subdivision and not before.
Amending these covenants shall not affect. this provision.
A maJority o. .,aid committee Is empowered to act. for the
committee. In the event. any memher of the, Committer. Is unable to
act or fails or desires not to act, the remaining committee
members sira]1 appoint. an owner of a ]ot in saki subdivision to
serve uu salrl committers, all of whom serve without compensation.
(;5) Itamag~+ t„ Improvements: It shall be the
rosponsl6{liiy of the builder of any residence In i'his
suhdivtston t.o leave street, curbs, sidewalks, fences, and tiled
irrigation lines if any, and utillt,y facl]lties free of damage
:u,<1 .n good and sound conctltion at the conclusion of the
r.onstru;_~tinn period. Fi~u~' grading nn each individual lot shall
bs~ rc<tnired to conform to the msrster drainage plan of the
subdivision. It shall be conclusively presumed that all such
improvements are In good, sound condition at the time building is
begun on each lot unless the contrary fs shown In writing at the
date of conveyance or by date of possession, whichever date shall.
first occur, which notice addressed to a member of the
Architectural Committee.
4R Invalidation of one of theswhicheshall sremainninofull
~`-~ other provisions
affect any of the
force and effect.
s
HOME OWNERS ASSOCIATION
(37) Membership: Every person or entity who is a record
owner (including contract sellers) of a fee or undivided fee
Interest in any lot located within said property shall by virtue
of such ownership, be a member of the Assoclatlon. When more
than one person holds such interest in any occupied lot, all such
persons shall be members. The foregotng is not intended to
include persons or entitles who hold an interest merely as
security for the performance of an obligatton. Membership shall
be. appurtena.a,t. to_and may not be separated from ownership of any
such lot sub,iect to assessment by the Association.
Such ownership of any such lot shall. be the sole
qualification for becoming a member, and shall automatically
commence upon a person becoming such owner, and shall
automatically terminate and lapse when such ownership in said
property shall t.r.rminate or be transferred. The Association
shall maintain a member list and may require written proof of any
member's ]ut ownership interest.
As additional phases of Chateau Meadows Subdivision are
formed and brought to completion, the new phase will
automatically be Integrated into the Assoclatlon, with all
restriction, and prJvileges applied.
The financial reports, books and records of the Assoclatlon
may be examJiu~d, at reasonable times, t>y any member or murigage•c.
(33) Voting Rights: Each member shall be entitled to cast
one vnlr• nr fractional vote as set forth heeeln for ~•:~ch lot Jn
which he holds the interest required fur mPmbershtp. On?y on~•
vole shall be west with respect to each lot. The votr ;y?pllcablo
to any ]ot being sold under a contract of sale shall bF ~?xerclsed
by th~• contract vendor unless the contract expressly pruvide.<
othcrwis~ and the Assoclatlon has been notiflr,d, in wiitin;, of
such provision. Voting by i>ru>.y shall be permJticd.
(39) Officers and Director,: At an annual mer•tin~ called
pursuant C.. notice as herein provided fur establishment of annual
assessments, a Board of Directors of the Association shall be
elected by ballot of those attending said meeting and voting by
proxy, provided' that the total of all votes cast shall represent
a quoeum as~hereinafter provtded.
s
There shall he three directors elected to serve For a period
of three years. Election shall be by popular vote, the nominees
receiving .the three highest vote totals shall he deemed elected.
Each member shall he entitled to vote for three nominees per
membership.
In the event any director shall be unable to complete the
term for which elected, the remaining directors are empowered to
appoint a substitute to serve out the unexpired term.
(40) The Association shall operate, control and maintain
any common areas. Fur the purpose of these covenants and until
such time as the City of Meridian or ACHD shall accept for
maintenance Lot 8 Block 1 of Phase I and Lots 1 Block 3 and 12
Block 5 of Phase 3 are designated common area to be maintained by
the Association.
Thr. Association shall have the right to dedicate or transfer
all or any part of the common areas to any public entity,
authority, or utility for such purposes and subJeci to such
conditions as may be agreed to by the members. No such condition
to iranster shall be effective unless authorized by members
entitled to cast two-thirds (2/3) of the maJority of the votes at
a spc:cfal or general member's meeting and an instrument s~gn~daby
the Chairman and Secretary has been recorded In the app k
county deg+d records., agreeing to such dedtCatiO^ or transfer, and
unless wrlt.ten notice of proposed action is sent to every member
riot. lees than fifteen days (15) nor ao~ethPar'Aasociatio~)shall
prior to such do±dlcatlon or transfer;
Nava the right ti+ suspend any voting rights fur ar~roPertydremaing
which any ass+•ssment against. said member's •{t0 clays for +~ach
unpaid; and for a period not c,xceeding thirty (. )
infraction ++i it:; puhlf;;hed rules and regulations.
(iij Each owner of any l,ot by ratificatlnn of thetie'
urchasc•
r~uvcnantr; nr by accept_anc.e of a deed or contract o p
ressrd In any suiy+
thcrrf,,:+ ti~hether or not it shall be s++ esp cnnve ante,
d,.e+l or utl+er conveyance or agreemetc the Association (t)
deemed t o coven;+i+t and agree. t o I' y
ular periodic assessments or °tiaitaa
regular annual °r Eriiyaarr,eg (2) special assessmeS{abllshed~ and
not to exceed SiR 1
rovlded. The regular
improvements, such assessments to be fixe ,
collected from time to time as hereinafter p rovlded shall bo a
ftCi~.l assessments, together Wlt-1 Such interest thereon anA
and Sr as hereinafter P lien upon toe
0-1 thereof, be a continuing Paoli s„ch
COSH OS GU118Ct1 and shall is made and reasonable
.the land assessmerest, costs
0 whit such r,nt.
charg against. hwlth such int
property t together
assessmen ,
iD
attorney's fees, shall also be the personal obligation of the
person who was the owner of such property at the time such
assessment was levied. The obligation shall remain a lien on the
property until paid of foreclosed, but shall not be a personal
obligation of successors in title unless expressly assumed.
The assessments levied by the Association shall not he used
for any purpose other than the improvement and maintenance of the
Common Area. SubJect to the above provlston, the Association
Directors shall determine the use of assessment proceeds.
In addition to the regular assessments authorized above, the
Association may levy in any assessment year, a special assessment
applicable to that year only, for the purpose of defraying, in
whole or in part, the cost of any construction or reconstruction,
unexpected repair or replacement of a capttal improvement,
provided the assent of a two-thirds (2/3) maJority of the
complete votes represented by those members who are voting in
person or by proxy at the meeting duly called for this purpose is
obtained, written notice of which shall he. sent to all members
not less than fifteon (15) days nor more tLan thirty (30) days !n
advance of the meeting setting forth the purpose. of the meuiing.
Both t•egular assessments and an,y special assessments must be
fixed at a uniform race for all occupied lots and may Le
r,olle,•ted on an annual, quarterly, or monthly balls In the
discr,+l ion of t.Lu Directors.
(42) At the first meeting called, the preseence at tLe
meeting of members or of proxies to cast s[xt,y percent (60%) of
all votes of the members sha h constitute a quorum. if 1Lu
r«-yuir.cS c;uorum is nrrt fvrtheoming at any meetln~, another
meet 1ng may be called, subJrct to thr• not ic,• rr i;ulr~•nirent>:. \o
subsequent meeting shall be held more than sixty (S(1) clays
following the• dalr of the me,~ting :,t whie6 nu yucrr•um was
forthcoming.
(A,.) All Tuts ~~hail be subiect to tLu annual ~,; nwntltl,y
a „ essment provided for herein un the first day of th~+ month
following t.be aci)on of the Board. The Board of Directors shall
fix tht• amow,t of the regular assessment at least thlrt,y (30)
days in advance of each assessment period. Written notice of the
assessment dates shall be established b,y the Board of Directors.
Tht: Association shall, upon demand at any rr.asonablo time,
furnish a certificate in writing signed by an officer of the
Association setting forth whether the assessments on a particular
Iot have been paid. A reasonable charge may be made by the Board
for the issuance oP these certificates. Such certificates shall
be conclusive evidence of payment of any assessment therein
stated to have been paid.
11
(44) Any assessments which are not paid when due shall be
delinquent. If the assessment is not paid within ihirty (30)
days after the due date, the assessment shall bear Interest from
the date of delinquency at the rate of eighteen percent (18%) per
annum. The Secretary of the said Association shall file in the
office of the Cvunty Recorder, Ada County, Idaho, a lien
reflecting the amount of any such charges or assessments,
together with interest, as aforesaid, which have become
delinquent with respect to any Lot on said property, and upon
payment 1n full thereof, shall execute and file a proper release
of the lien releasing the same. The aggregate amount of such
assessments, together with interest, costs and expenses and a
reasonable attorney's fee fur the flu ng and enforcement thereof,
shall constitute a Lien on the whole lot (including any
Improvement located hereon), with respect to which it. is filed
from the date the lien !s filed in the office of the said County
Recvrder fur Ada County, Idaho, until the same has been paid or
released as herein provided. Such lien may be enforced by said
Assoclativn in the manner provided by ]aw with respect to liens
upon real property. The owner of said property at the time said
asse:;sment is levied shall he personally liable for the expenses,.
costs and disbursements, including attorney's fees be, tlof
taeclarant or of the Assoc~~f~rcingasuchi1e)icns~ ally of which
processing and if necessary>
evpcns,', i;osts and disbursements and attorney's fees shall ~e
secured by said lie+n, including ~,hl'afafoAt'df~OUChnownerpat~t•he
~•„:;!:;, disbursements and fees on a i ,
time such ,+ssessmcnt Is levied shallfurec7osare sable y~e~owner
deficiency remaining unpaid after an,y
may waive or otherwise[,v;suaeeoflCammuniAreasroftabandonmentf1uf
provided for herein by
his l..l .
(r.5) The sale ur transfer of any lot or any ether hart of
said property sha]) not ,rffect the assessment lien. No sale nr
f,ir any
lfenin; thereof.
tiara:,^~,t. ;ha,l reii~°vc such Jot from llabil y
a:;srs::.ment;; ',herr.~fter hec~~minb' due or fruui tb!•
Ti,;. following pr°i,erty Ot~J~'"! to thiti DCC1aPation
(,~~~
,,!,,, " 1,,. ,.acmpt from thc• assessments created here °:
(a) al] properties expressly dedicated to and accepted by a
local public authority;
(1i~ pity Otl)t'T ~f0~t'PtieS nwne•d try llte r~ssvc;tai ion.
iz
(47) The Association shall prepare an annual budget which
shall Indicate anticipated management, operating, maintenance,
repair and. other common expenses for the Association's next
fiscal year and which shall be sufficient to pay all estimated
expenses and outlays of the Association for the next calendar
year growing out of or in connection with the maintenance. and
operation of common areas and improvements and may include, among
other things, the cost of maintenance, management, special
assessments, fire, casualty and public liability insurance,
common lighting, landscaping, and care of grounds, repairs,
renovations, and paintings to common areas, snow removal, wages,
water charges, legal and accounttng fees, management, fees
expenses and liabilities incurred by the Association form a
previous period, and the creation of any reasonable contingency
or other reserve fund, as well as all costs and expenses relating
to the commtin area and improvements.
(48) The Association shall De responsible for the repairs,
upkeep and maintenance, normal servicing, garden[ng, rules and
regulations for use, care, and safety, annual planting, of flowers
(if any), payment of bills and related r~xpensr,s fur any Common
Areas.
The Directors shall become the Archlt ect nr;~l Committee as
provided in Faragraph 34 upon the. sale of the last )ot in an.y
future 1>hasc~s of Chateau Meadows Fast Subdivision.
(49) The Board of Directors arc umpuwer~•ct to obtain
apprnt~riat~• liability, casualty, flrr• or errors ..r omissions or
other insurance to properly protect thr. ;fictions of thr•
Association or facilities malntainod, oPUed or controlled by thr
Association as a cost to thr Association.
(50) Thvalidatlon of one of these C.•oveuants sh;all In no way
affect any of the other provisions which shall ;•~~maln in full
force and effect.
13
Inter west Development Corporation
~.
A. Leon Blaser, President
STATE OF IDAHO
SS
COUNTY OF ADA )
/~~//
On this ~~th day of /y~C~r[ 1991, before
me, a notary public in and for said State, personally appeared A.
Leo^ Blaser, known to me to be the President of ]nterwest
Development Corporation, whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the
`~,~~
Notary Public
~J
Residing at: <~~~'l%E'A/nr
Commission Expires:"""". '~f%-2-?' S