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HomeMy WebLinkAboutGem Park Subdivision Park #2 Covenants C`TTY C'OUNC'IL AUGUST 6, 1991 The Regular Meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M.: Members Present: Ron Tolsma, Bob Giesler, Bert Myers, Max Yerrington: Others Present: Mr. & Mrs. Paul Evans, Don Evans, Jim Tallmon, Helen Campbell, Arthur Campbell, Wayne Forrey, Scott King, Verl King, Moe Alidjani, Jack Sweet, Al Lance, Bill Sweet, Bill Gordon, Wayne Crookston, Jim Shearer: MINUTES OF THE PREVIOUS MEETING HELD JULY 16, 1991: The Motion was made by Tolsma and seconded by Yerrington to approve the minutes of the previous meeting held July 16, 1991 as written: Motion Carried: All Yea: ITEM #1: COVENANTS ON GEM PARK #2: Crookston: is that a pressurized irrigation subdivision? Clerk Niemann: Yes. Crookston: I don't recall anything being in the covenants pertaining to that. Also on page 7 dealing with fences, I think there needs to be something in there about on street side it be maximum of 3 feet. On paragraph 9 on page 9 it deals with conduct business, the way it is stated it would be in violation of the zoning. The Motion was made by Tolsma and seconded by Giesler to approve the covenants on Gem Park #2 subject to changes recommended by the attorney and City Engineer. Motion Carried: All Yea: ITEM #2: COVENANTS ON ONE SUBDIVISION #1: Crookston: I have reviewed those. There is a spelling error on item 16. I don't know if the Council wants to address this but in item 21 it talks about garage sales. Page #4 talks about a 1200 sq. ft. interior floor, I don't think that meets with our Ordinance. The Motion was made by Tolsma and seconded by Yerrington to approve the covenants on One Subdivision #1 conditioned upon the City Attorney's recommendations. Motion Carried: All Yea: ITEM #3: PUBLIC HEARING: VARIANCE REQUEST BY PAUL EVANS: Kingsford; I will open the Public Hearing. was sworn by the Attorney. that you 1112 N. 3rdr Meridian saver any questions Don Evans. ect and will an deep from Ada Street back this Prod it is 138 ft45 ft. wide. The City has I am also the builder on in old town, The lot is Evans: lot that isthe pro~erty- might have. This is a end of to the alley on the north July 19, 1991 Tp; Mayor, Councilmen, Attorney & Engineer FROM: Clerk Niemann Attached you will find the Covenants for Gem Park II Subdivision for your review. These will be on the August 6th Agenda for City Council. ~~ ~~ ~ ~ (~ ~ v ~~ ~~~ \'~ DE+=LARAT_lC'N_ OP COVEiIAt;T•:_, C+~PdUIT.;iGPla_nPdl;! _IL___TF_I_t1!al;:. t~F1 _F'_f~fJl<II,„,.~UELI"JI~Ir~il. THIS OP::LAkATIC?N, m,de on the d_3t h_r rr~ ft-t :t to, th h; THE PIESTFAF.K GOPIPANY INC„ h r=inaftFl' ref rl'ed to ~=~ 'L~•-LAF4NT". W I T Pi F '. r: "T H s WHEF.•EA~, Declarant is the or+ner of cert:ainc,t.,p.;i±y il~ Meridian Ci±y, County o~f Ada, Mate of Tdaho, which i= m,~re particularly descr;ned .a~ ~I16DIVIt?I~iPI a portion „f the P!t: 1;'4 fTli: 1/t. .:. 11 !+ OF GEM FARI< TT 'r;trPll`(, IDAHO. ~o~tinn 6. 73N. Ft, lE. , B.M.,MERID T. AP.r, o,DA '~ P•lOt4, THEf;Cfi+R f_, Declarant. heret,y cter_lsr== }:hat all ,f 'h- pr•epertie= descriUed above shall 1:~e. held, sold ,uc _.onv y d sul t :t t0 the tOllOwl nCT as COrna r~t3, I"F'}1'1Cr.1 On5, !'t l+ril'!ifr".. In l 'OI^'111 iC il:i, which .are for the purpose of pretectiny the ~ilt1=- u~d ciF ir•abilitY of, and which sh~_,11 run ~.Mith, the r=a1 Pr'oP-'+rtv ~,nd be i,indin,r on :~I I parties havincl:jny righ±, title or inter•~st in the de<_rihed.. t th_r•_of th_ir heir-, =•u,c>=• .:ors ind .--si~an^, a properties or any par ~ " , and shall inure to the benefit of each own=_r thei'eoF. AP2 ~[ I DEFINTTIOPd' gGction_1_ "Association" shall mean and refc~:r• to +ilEh1 PARR: IS NF.IGH~DRtiDOD A£•3pCTATI+~N, I1JC., its succ=_saors .ind _a:'si-,7n::. °2ci ion I;1 Incorocratioli hY__I'''f_-=r-~enc_~•,, -any 'nd nl I };rc>ri ~:ic,n~- cont_iined in the Articles of Incorporation and Fyiows ~,I .tPi c-AlI< II NEIGtIBORFI00D A3^„~`CIAT:D~N, 7fP~, . as amende, frt>m tima~ to tune ar e i ncorporat d herein .and made a part haraoF . r,;,nd I t i ons. :.-ind To the extent any provision of the Cov.nanl,, Restrictinrls for GL-M f~Akl? i1 3ul:,divisi„n on41i~.~f rnodrfi~s w' amends any provisions of t.h~ aI:OV?PI'etar'=nCC'dttll=lp~ovi-_,icrra of this Incorpors±i on or Bylaws incor'porat_d h_r_in, rostrum=_nt shall control. =:_Ctl On ~_. "Jwiler" ^,hal 1 r112a11 and r='fPI' t0 }_L~r, L..~(:a it-ti OVM rl eir. ~.Mhether one or rner'e persons or entities, of -+ f~. impl tiil_ to any lot which is •~ part of ±he pr'~~P~rtie„ includSn•_i ,-cnirlrt =e11 r s, bu± excluding those having such interest rn=rely .9"c. S°_cUrjf.v t01' f:~}a performance of an abligation, DECL;IRATI(!N PAGE 1 sec±ir~n._3_._ "Prop?r+i={" shall mean and rarer ro th,_it c~ri+,-,in real prop?r•ty Itar•?inbefor? d?scribed, and such adclitien:; th?reto as may hereatt?r b? brought within th? jurisdiction of the Association. Sac±i on _h ,_ "Common Area" sh,.yll mean all rani I.,roperty (including ±he improvements thereto} owned by ':her n;;socialion tor' i:he common us? and enjoyment of the owners. The Common Ar?•a to be owned by theassociation at th? time of th=_ convey=rnc> cf th,e first lot is d?scrib?d .as fol-lows: Lot 1 P,locl: 1 of GEP1 P.AF.I< II subdivision, :~da ~::c,unly, Idaho. :;ection 5. " Lot" steal I mean and r?1?r t.o ;toy ploC ~~1 1.-;nd shown upon any record?d subdivision map of the prop=,rti~-_: with i.he ?xception oi` t:he Common Area. Sac±i on G. "Declarant" shaill mean and ref::r to TFIF 1^/f~.1pARl! COPIPANV INC. 7tE~ SUCCe550r Or aSSl gnS. ARTICLE II_ PROPERTY RIGFITS ..?coon 1. Owners' Easesments pf r:nli;ylil~-nt, i.Vdl". C~wh-1' 9Ii81 I have a ri~aht and easement of enjoym<^nt in and to thF- C<immon ,+.r•-:i which shall h? appurtenant to and :ahall p.3s_ with the title ro ,very lot, subject to the following provisions: (a) the right of the Association to charge assessm.•nt for Ih? maintenance of th=_ Common Ar?a; (h) the right of th=_ Association to suspend the vvtil,~,! rialrt:;. and right. to use of the Common Ar?a by an own?r foi any period durin~t which any as_:-ssment against hir. Lot remains unp.tici; anJ for a p?rio~l not to exceed 60 clays fur any infraction of its pull ie rr.il=~.: ~nrl regu1at.ions; (c) the right of thz Association to •ledicate ni ~ransf~-r ,tll or .-toy part of the common Area 1:o any puhl'ic agency, ~.Itherit.y, ur. utility for .uch purpos?s and srtbj?ct to _uch con~litior~= .:~• m,ay b-- agreed ±o by members. No such cJedication or trar~star :hall Fr= ?f1'?CtlVe UnleaS an instrument agl"eeing t~? 3UCt1 d?~~IC.tt'IOn Or' transfer signed by two-thirds (2/3) of each clasp of menrl>-r's ha<: been r'ecor'ded. _Section 2 DFle~~ation o_P Ilge, Any owner may del?ylat<.~ in 80001"'(1a nC-_^ with the bylaws, I'l15 r'lght of enjoyment tp th= --:OlnrnOn Ar"'ea and facili±ies ±o the members of his family, his tenants, or contract purchaser•a who reside on the property, ARTICI..E III P9EM6f_RSFIIP ANO VOT:[NG RiGH[S Section t. Plembershiu. Every owner of a lot which is sul,j?ct i.o DECLARATION FACE 2 assessment shall he ~ member of the P,SSOCiytion. r+-~rnl~~~~ :'iri{, h~l l 1>e appal°tenani: to and may not Lie separat=_cl from ownership of any lot which is subject ±o assessment. Every person or entity wh,~is <, record omrner (including contract seller>) of a fe= or r!ndivided #~__ interest in any lot located within said {~rop~arty ,I~.rll by virtue of such or~rnership, ha a meml>r>r of the ASSeciat~ion. Wh-n more than one person holds such inter=st in any occupied lct, all ~ucl~l~ertons shall b= meml:,ers. Tha foreg<.~ing is not in±endad t•, incl!.rcle per-sons or entities who hold an in±erest merely as security for ih~• performance ni' are oh"ligation. The Association •,Iral l maintain a rnemt>er list and may require vn-ilten procr#' of an•v m<+ml;,ers'; lok: o~•mership interest, The financial reports, hc,ol~s s,nd records of tha Association may b= examined, at a reasonable tim:=-, by any member of r=cord. erection 2,_ Voting ki~hts. Each member shall b=. entitled to i-_ .. C.9St One VCJ't°_ OI' i'Y"aCti Onal Vote as Set t01"~th her'e in 'l Ur E`, ~d c:h lot 1n which he holds the interest r=quired for member<hil Ondy on= vote shall be cast wi±h respect to each lot. Th vot=. a{.>pliCe~l,1= ko .any lot being Sold under a contract et sale Shc;ll b-; exerci:=sed by the contract vendor !mless th~o the contract expressly I,rovided otherwise and the Association has been notified, In writing, of SUCK a provision. Ve±ing by proxy :=hall be permitterl. Sec~t~ion._,3_,. Officers. _and_f.~irect_ors. :fit can aiin!.~al meetin;;l ~:.;al le~l pursuant to no±ice as herein rrovided for ~s±ablishwent <:,f annuarl assessments, a Board of Directors of the Association =:h._dl I>e elected by ballot o'f those attending staid m~etin_i c,r votiri_y l,y {.,r~.~xy. Therms shall be three directors elec#:ed to =~r„e for a period of Une '/edl". . Seo'tie?{1 ~~,_ common 1rra~ li~t~t_r,. The ,~ ':OC~St~ior, 11+ei1( hei?•-• tl1e rinht to d>dicate or i,r.~n-#er all or• any p:u•i: .>1 th=. ~.oam~nn .=u as t:o any pal:~lic ag=-rury authori±y, or rrtilii:y #nr Suc:h ~nnpr,_-:e: ryiid suh;i=_c± to sr.rCh condi-lions as may he a-geed t, by +:he m-_rul;~rs. tl:, such condition or transfer shall I:><., eff~active uni eiuthori:-<I I;v members enititled to cast two-thirds (2/3) cf the votes: at , -l~-~ci.a1 or gerrei°al mem~er.'S mee±in~ and an rostrum-nt_ si-in~•d I:~y tha c:h-~ir-man and E;ecretar^r has been record-d in i:he appropri.,te• county d-ed i'6COr'd5, r aU~. - agreeing to - ~h d-•di<:,ation cf tran f=,: r,nd ~.rnl s=, err itt-n not i ce of pre>posed action i s sent ±o =very mernh::r rr,t I s i h vi ten ( 10) days nor more than fifty t50) clays prior to s:u;:h d~Jic:;it,•,n .~r transfer; and the Associe:tion steal I have- the i~_iht t:•. =,~,I,-nd .tray votini rights for .any p°-riod during which any ~s:,•~smr=.nl: ,c!ain=:t sai+i member's property remains unF~aid; and for ~ {,::r.ic,<:I not ~;<<;e~~+liny sir.ty (60) days for each infraction of i±s puhli::he-d rul~--~; and rc=_~aulations. AF'tTICLE LV COVEPdANT fOR MA;LNTENANCE .rt:?.^ES`:MEI1T3 UEOLARA'fTON FACIE 3 -Act: ion I . "reatioi>___of__L.he_Li=n_ai)d F'_i ,u,n.;9_I ~I>_I ~j ,t j~~l~_c.>L.- Asses m ni _ TheV[?eciar uat, for each lot owned +.vi I'hrn th • F'1'Opei tl :.. hel'eby COVenan t,^.., qn~l E'3Ch ~.!MrnEi• Ot .9n~, t. C:.t I r .ACq••~1 h •71nC::. of :'r deed ±Ii~r=tor, whether' ^1' nOt it -:hill t, -c, ~c+l s, •ri il~ :such deed, is de~rm.d to covenant and agree to r'ay li th 4 _.o.i.,ti~ur: (1) .annual aasessments or char_7es, and (2j special ,_:°. :::me•ni: for c.api±al improvements, >w::h assassrnents Cn I>~ ~ •..=+t,lis.l :.d ,nd collected a~ hereinaf±ar provided. -fhe ,;nnu:;lc;nd _~f,.-cial assn^sments, t.oael:her wi±h interest;, coats;, arnl r-:,:;on.ible .,It++~",,~r<; feet, shall I>e a char l=_ on the land and >fr.yll C ,r c,ontin~lin•,a Ii-n upon the proparty ac~tainsi which each _uch a~~._~ur.~.ur i:~. nu. %I;. r.-ich such as :es-.sm:~:nh, toyether• with interest., costs .:rnd r~•asvnai>le attorney's fees, shall also b- the p==.rsonal obli•_t-,lion c,t tha !;,ersc,n r~rho was i:he ~Jwner of such propel'ty at. the 1im== wheir 1.h-' a::,~~:su,enP fell dlle. HoW~'Ver, the personal Ol)l iiaatlbn fPi' •I°I lnllllCnt assesments shall pass to his successors in till=.. 3Fet~oii 2. Pur,uo,e of Assessment=,. The ;.,s::~.s:=:ni~-nl:; i::vi~:~cl by the Association shall he used exclusiv=_ly to pr<>rnota the r•~°<:reation, health, safety, and welf:.~re of the residents in the. proper lies .,nd for the impr°ovement and maintenance of the Cornmor,.4r~-,a. Sactiun_ 3. Maximum Annr.lal l~~sessmrnt. tL)ti 1 .!anuary I of th~~ year' immediately following the conveyance of the til~;t lr.t I.> :.-rn oraner, the m~_,x'imum annual a5_essment shall h i!tir; Iintll.~REI~ and no;'I00 dollars (:}100.00) per lot. The Eo.ar•d ofi Girectc,rs m:~y fi> that -umual assessm=_nt at an amount not in eXCeSS ofi 5.G greak_r than the prior year with a vo±e of 2/3 of the voting member,hip at~provina the i ncr•ease . $action !r. ~cial_ns~e~sm=ni:s for C•~ ital Im,ruygrn rrts, In ---..--- =~~'-- --- ----- ~'--- -.. 1 additlOn t0 the annual a55e5SfrlehtS ar.1t1101•lZed alloVP, fhe. AS::;C,i Iat10i1 m•9y levy, In anY ~=+'a 5~?5T_:me n± year, a speci,31 a::SE SSUW..nt :+phtl<.-lt~l ~.~ r+~, tha± year' only For the purpose of defr•=ryiny, in ~ahcle of in pv l Lh.= cost: of any construction,reconsiruction, rsapair or' r;pl.ac=n,enl of + cs+pital irnl:~rov~rment upon the COInrnOn Area, in<:lutin~;r fi>:tur=., ,nd per•~:onal prof,erty related 1-h=_r•eto, rErovidecl_thrtt_ any such a.=..s<.ssm-nl shall have the assent of two-thirds (2%3) of the votes el =-,cl, cl.ar„ of members who are voting in person or by pro>:y •+t ,y m<_=tirra c.luly cal lad for ±his purpose. g,ectoi)_t~. flot_ice_=_~nd~or_um for_~i~y_ Act_i_~n_..?~il_lar,l_i_z~~l_ tllraei:- Saction 3 and t,, lyr•i±t.~-n notice of any meeting r._il I?d Yci th= f.uarl.,:,~:e~ of tal<im~any action authori>ed under Section 3 ~>r 4 sl„aIl t:=: ::ent to all members not less ±han 10 days nor rnor= than ','•o <I,cays in =,dv•=urc•- of the meetihq. At the first such rneetimg cal led, th.= f,r•av;err:e ,:,( members or of proxies entitled to cast sixty perc•=nt. (Ci0`X,) of all the votes of each cla.:s of mernber•ship shall constitul.=_ a quorum. 0[Ct_ARATIOfJ f A,C 4 Section 6. Uniform Rate of Assessment. Both Annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly, quarterly or annual basis at the discretion of the board. Section 7. Date of Commencement of Annual assessments: Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period. written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall, be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the association setting forth whether the assessments on the specified lot have been paid. A properly executed certificate of the Association as to the status of assessments on a lot is binding upon the Association as of the date of its issuance. Section 8. Effect of Nonnavment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 18o per annum. The Association, or any owner, may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or other wise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his lot. Section 9. Subordination of the Lien to Mortaaaes. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof , shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 10. Prouerty Exemet from Assessments. The following property subject to this Declaration shall be exempt from the assessments created herein: (a) all properties expressly dedicated to and accepted by a local public authority; (b) any other properties owned by the Association. Section 11. Association Duties. The Association is authorized, but not limited to, performance of the following: prepare an annual DECLARATION PAGE 5 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 expenses and liabilities incurred by the Association from a previous period, and the creation of any reasonable contingency or other reserve fund, as well as all costs and expenses relating to the common area and improvements. The Association shall be responsible for the repairs, upkeep and maintenance, normal servicing, gardening, rules and regulations for use, care, and safety, annual planting of flowers (if any), payment of bills and related expenses for any Common Area. ARTICLE V ARCHITECTURAL CONTROL Section 1. Architectural Committee. A committee of three persons shall act as an Architectural 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 fifteen (15) days to review said plans, drawings, and specifications. If said committee shall approve the proposed building, or any modification or alteration thereof, they shall so indicate by the dating and signing of the set of plans by one 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 with said covenants. No building shall occupy any potion of said subdivision without prior consent of said committee. The committee shall consist of the following: Gregory B. Johnson 5137 N. Leather P1. Boise, Id. 83704 CRAIG GROVES PARK POiNTE REALTY, Boise, Id. A committee member may not be the signature on his own plans and specifications. Notwithstanding any other provision to the contrary in the Covenants, Conditions and Restrictions for GEM PARK II Subdivision, after Declarant has sold all the lots in property, the Architectural Committee shall be turned over to the GEM PARK ii Neighborhood Association, inc., and not before. Amending this instrument shall not affect this provision. A majority of said committee is empowered to act for the committee. In the event any member of the committee is unable to act or fails or desires not to act, the remaining committee members shall appoint an owner of a lot in said subdivision to serve on said committee, all of whom serve without compensation. DECLARATION PAGE 6 Section 2. Covenants Restrictions and Conditions. The following covenants shall run with the land and be in force and effect for thirty (30) years hereafter unless sooner terminated by agreement of the owners of seventy-five percent (75%) of the land in the subdivision and after all lots herein have been sold by the Declarant. Modification or termination of these covenants can only be made with the consent of the Declarant while any lots in this subdivision remain in their ownership, and are as follows, to wit: (1) No building, fence, wall, structure, improvement or obstruction shall be placed or permitted to remain upon any part of said property unless a written request for approval thereof containing the plans and specifications therefore, including exterior color scheme, has been approved in writing by the Architectural Committee. The approval of the Committee shall ttot be unreasonably withheld if the said plans and specifications are for improvements which are similar in general design and quality, and generally in harmony with the dwellings then located on said property. Variances in building setback requirements shown on plat may be given by the Architectural Committee upon proper showings and so long as the City and County approval is obtained. The square footage of the living area of the home shall not be less than 1300 square feet. Roofs must be at least 4 in 12 pitch and be asphalt shingles or better. No gravel roofs, split-entry, or prebuilt homes will be allowed in the subdivision. Exterior colors shall be earth tones or other light colors. Bright or Bold colors, or very dark colors, shall not be permitted. Some brick or stucco on the front exposure will be required. Bay windows, broken roof lines, gables, hip roofs, etc. are strongly encouraged. All lots shall be provided with a driveway off-street automobile parking spaces within the lot. All houses shall have an enclosed attached hold no less than two cars which is not includes living area square footage. No residence shall stories above the ground. and a minimum of two boundaries of eacH garage which will i in the minimum be in excess of two Fences shall not extend closer than twenty (20) feet to street right-of-way nor higher than six (6) feet without express approval of the Architectural Committee, and shall be of good quality and workmanship and shall be properly finished and maintained. All fences must have a permit from the city of Meridian. No chain link fences are allowed. The location of fences, hedges, high plantings, obstructions, or barriers, shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties attd streets and shall not be allowed to constitute an undesirable nuisance or noxious use. The determination of the Architectural Committee shall be binding on all parties as to whether an undesirable, nuisance or noxious use exists. DECLARATION PAGE 7 All recorded lots within this subdivision shall be subject to and restricted by the following recorded subdivision covenants: 1. (a) A monthly sewer charge must be paid after connecting to the Meridian City public sewer system, according to the ordinances and laws of Meridian City. (b) owner shall submit to inspection by either the Departmett of Public Works or the Department of Building Safety whenever a subdivided lot is to be connected to the sewage system. (c) The applicant/owner of the subdivision shall and hereby does vest in Meridian City the right and power to bring all actions against the owner of the premises hereby conveyed or any party thereof for the collection of any charges herein required and to enforce the conditions herein stated. (d) The recording of this plat by Declarant shall be deemed and constructed as a request for the annexation of its property to the corporate limits of Meridian City. Such requests and consents shall be binding on all subsequent purchasers or owners of Declarant's property. 2. No building shall be located on any lot nearer than Twenty (20) feet from the front line and fifteen (15) feet from the rear line nor nearer than five (5) feet per story to any side line. No portion of any building may be in the 100 foot drain ditch easement on north side of the plat. 3. Construction of any residences in the subdivision shall be diligently pursued after commencement thereof, to be completed within Twelve (12) months. 4. Landscaping of front yard is to be completed within thirty (30) days of substantial completion of the home, or within thirty (30) days of occupancy, to include sod in the front yard, two trees of at least 1.5" caliper or pine tree of at least six feet in height, three (3) five gallon plants and five (5) one gallon shrubs. Berms and sculptured planting areas are encouraged. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval of the Architectural Committee. Grass will be planted in back yard within on year of occupancy. 5. No building shall be moved onto the premises. 6. No shack, tent, trailer house, or basement only, shall be used within the subdivision for living quarters, or any other purpose permanent or temporary. 7. Nothing of an offensive dangerous, odorous or noisy endeavor shall be conducted or carried on nor shall anything be done or permitted in said subdivision which may be or become an annoyance or DECLARATION PAGE 8 nuisance to the other property owners in said subdivision. Weeds shall be cut to less than four (4) inches. 8. Keeping or raising of farm animals or poultry is 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 property of others. Dogs shall not be allowed to run at large. Not more than two (2) animals may be kept at one time, except that a litter of young may be kept utYtii eight (8) weeks old. 9. No business shall be conducted on the above property that cannot be conducted within the residence of the owner as permitted by law. No signs shall be installed to advertise said business. No oil exploration or development of any nature or kind or mining exploration, development or structure shall be permitted upon the lots in this subdivision. 10. Only one outbuilding per lot will be allowed. All outbuildings shall be constructed of good quality building material, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other buildings on said property and must be approved by the Architectural Committee. 11. Additional easements: in addition to the easements shown on the recorded plat, an easement is further reserved five (5) feet on each side of all other lot lines for installation and maintenance of utilities, irrigation and drainage. Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, or which may change the direction of the fiow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility is responsible. 12. All bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground pipe to wet line sewer connection lines which have been provided to each lot. DECLARATION PAGE 9 • • 13. No sign of any kind shall be displayed to public view on any building or building site on said property except a professional sign of not more than five (5) square feet advertising the property for sale or rent by an owner, to advertise the property during the construction and sales period. If property is sold or rented, any sign relating thereto shall be removed immediately. Notwithstanding any provision to the contrary, signs of any and all sizes and dimension may be displayed by Declarant, on lot owned by said Declarant. The Association may display a sign of any size and dimension, without limitation thereto, for subdivision identification. 14. No lot or building site included within this subdivision shall be used or maintained as 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. 15. Parking of boats, trailers, motorcycles, trucks, motorhomes, campers and like equipment, or junk cars or other unsightly vehicles, shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of an enclosed garage, or other approved enclosure, and no portion of same may project beyond the enclosed area. The Architectural Committee shall be the sole and exclusive judges of approved parking areas. 16. 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 the street view. 17. The Architectural Committee's decision is final and binding on all issues. Section 3. Damage to Improvements. It shall be the responsibility of the builder of any residence of this subdivision to leave the street, curbs, sidewalks, fences, and tiled irrigation lines, utilities and all other improvements free of damage and in good and sound condition at the conclusion of the construction period. Fine grading on each individual lot shall be required to conform to the master drainage plan of the subdivision. It shall be conclusively presumed that all such improvements are in good, and sound condition at the time building is begun on each lot unless the contrary is shown in writing at the date of conveyance or by date of possession, whichever date shall first occur, which notice is addressed to a member of the Architectural Committee. ARTICLE VI GENERAL PROVISIONS Section 1. Time Extension for Covenants The covenants set DECLARATION PAGE 10 forth in this instrument shall run with the land and shall be binding on all persons owning lot(s) under them for a period of thirty (30) years from the date of this recording thereof, after which time such covenants shall be automatically extended for successive periods of ten (10) years, unless at any time after the initial recording of this instrument, an instrument signed by the owner of 75% of the land of this subdivision has been recorded agreeing to change or terminate said covenants in whole or part and after all lots therein have been sold by the declarant. Modification or termination of these covenants can only be made with the consent of the declarant while any lots in this subdivision remain in its ownership. Section 2. Enforcement. Enforcement against any person or persons violating or attempting to violate any covenant herein after ten (10) days notice thereof in writing served on the offending party, shall be had by the Association and/or any property owners either at law or equity. In the event of judgment against any person for such the Court may award injunction against any person for such violation, require such compliance as the Court deems necessary, award such damages, reasonable counsel fees and Court costs as may be suffered or incurred, and such other or further relief as may be deemed just and equitable. The association, or the owner shall have the right to enforce, by any proceeding at law or in equity all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of the Declaration. Failure by the Association and/.or any owner to enforce any covenant or restriction herein contained shall in no event be deemed as a waiver of the right to do so thereafter. Section 3. Architectural Committee: The Directors shall become the Architectural committee, upon the sale of the last lot by the declarant. Section 4. Severability. Invalidation of any one of these covenants or restrictions by judgement or court order shall in no wise affect any other provisions which shall remain in full force and effect Section 5. Annexation. Additional residential property and Common Area may be annexed to the properties with the consent of two-thirds (2/3) of the members. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this day of 1991. THE WESTPARK COMPANY INC. Gregory B. Johnson, President Heidi M. Johnson, Secretary DECLARATION PAGE 11 STATE OF IDAHO County of Ada i • ss On this day of 1991, before, me, the undersigned a Notary Public in and for said state, personally appeared Gregory B. Johnson and Heidi M. Johnson, known to me to be the President and Secretary, of THE WESTPARK COMPANY, ZNC., that executed within instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, i have hereunto set my hand and seal the day and year in this Certificate first above written. Notary Public for Idaho Residing at Boise, Idaho Commission Expires DECLARATION PAGE 12 ,' ~ ~ ' I I J DECT.ARATTON OF COVENANTS, `~ r I~I~J CONDITIONS AND RESTRICTIONS GEM PARK No. 2 SUBDIVISION THis DECLARATION, made on the date hereinafter set forth by GEM PARK II PARTNERSHIP, AN IDAHO GENERAL PARTNERSHIP, hereinafter referred to as "DECLARANT". W I T N E S S E T H: WHEREAS, Declarant is the owner of certain property in Meridian City, County of Ada, State of Idaho, which is more particularly described as GEM PARK No. 2 SUBDIVISION a portion of the NE 1/4 NE 1/4 SE 1/4 OF Section 6, T3N., R.lE., B.M.,MERIDIAN, ADA COUNTY,, IDAHO. NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to GEM PARK No. 2 NEIGHBORHOOD ASSOCIATION, INC., its successors and assigns. section 1.1 Incorporation by Reference. Any and all provisions contained in the Articles of Incorporation and Bylaws of GEM PARK No. 2 NEIGHBORHOOD ASSOCIATION, INC., as amended from time to time are incorporated herein and made a part hereof. To the extent any provision of the Covenants, Conditions and Restrictions for GEM PARK No. 2 Subdivision conflicts, modifies or amends any provisions of the above referenced Articles of Incorporation or Bylaws lncorporated herein, the provisions of this instrument shall control. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. DECLARATION PAGE 1 Section 3. "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the association at the time of the conveyance of the first lot is described as follows: Lot 1 Block 1 of GEM PARK No. 2 Subdivision, Ada County, Idaho. Section 5. Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the properties with the exception of the Common Area. Section 6. "Declarant" shall mean and refer to THE WESTPARK COMPANY INC. its successor or assigns. ARTICLE II PROPERTY RIGHTS Section 1. Owners' easement of Enjoyment. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every lot, subject to the following provisions: (a) the right of the Association to charge assessment for the maintenance of the Common Area; (b) the right of the Association to suspend the voting rights and right to use of the Common Area by an owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its public rules and regulations; (c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of each class of members has been recorded. Section 2. Delegation of Use. Any owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 1. Membershiv. Every owner of a lot which is subject to DECLARATION PAGE 2 assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment. Every person or entity who is a record owner (including contract sellers) of a fee or undivided fee interest in any lot located within said property shall by virtue of such ownership, be a member of the Association. .When more than one person holds such interest in any occupied lot, all such persons shall be members. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. The Association shall maintain a member list and may require written proof of any members's lot ownership interest. The financial reports, books and records of the Association may be examined, at a reasonable time, by any member of record. Section 2. Voting Rights. Each member shall be entitled to cast one vote or fractional vote as set forth herein for each lot in which he holds the interest required for membership. Only one vote shall be cast with respect to each lot. The vote applicable to any lot being sold under a contract of sale shall be exercised by the contract vendor unless the the contract expressly provided otherwise and the Association has been notified, in writing, of such a provision. Voting by proxy shall be permitted. Section 3. Officers and Directors. At an annual meeting called pursuant to notice as herein provided for establishment of annual assessments, a Board of Directors of the Association shall be elected by ballot of those attending said meeting or voting by proxy. There shall be three directors elected to serve for a period of one year. Section 4. Common Area Matters. The Association shall have the right to dedicate or transfer all or any part of the common areas to any public agency authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such condition or transfer shall be effective unless authorized by members entitled to cast two-thirds (2/3) of the votes at a special or general member's meeting and an instrument signed by the Chairman and Secretary has been recorded in the appropriate county deed records, agreeing to such dedication of transfer, and unless written notice of proposed action is sent to every member not less than ten (10) days nor more than fifty (50) days prior to such dedication or transfer; and the Association shall have the right to suspend any voting rights for any period during which any assessment against said member's property remains unpaid; and for a period not exceeding sixty (60) days for each infraction of its published rules and regulations. ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS DECLARATION PAGE 3 Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. However, the personal obligation for delinquent assessments shall pass to his successors in title. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the properties and for the improvement and maintenance of the Common Area. Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment shall be ONE HUNDRED and no/100 dollars ($100.00) per lot. The Board of Directors may fix the annual assessment at an amount not in excess of 5% greater than the prior year with a vote of 2/3 of the voting membership approving the increase. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole of in part, the cost of any construction reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. section 5. i7otice and ouorum for Anv Action Authorized Under Section 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under section 3 or 4 shall be sent to all members not less than 10 days nor more than 50 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60$) of all the votes of each class of membership shall constitute a quorum. DECLARATION PAGE 4 Section 6. Uniform Rate of Assessment. Both Annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly, quarterly or annual basis at the discretion of the board. Section 7. Date of Commencement of Annual assessments: Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall, be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the association setting forth whether the assessments on the specified lot have been paid. A properly executed certificate of the Association as to the status. of assessments on a lot is binding upon the Association as of the date of its issuance. Section 8. Effect of Non a menc DI HSac amcaa~a. ....«•...---~- -- the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 18°s per annum. The Association, or any owner., may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or other wise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his lot. Section 9. Subordination of the Lien to Mortaaaes. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof , shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer.. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 10. Property ExemAt from Assessments. The following property subject to this Declaration shall be exempt from the assessments created herein: (a) all properties expressly dedicated to and accepted by a local public authority; (b) any other properties owned by the Association. Section 11. n ociation Duties. The Association is authorized, but not limited to, performance of the following: prepare an annual DECLARATION PAGE 5 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 expenses and liabilities incurred by the Association from a previous period, and the creation of any reasonable contingency or other reserve fund, as well as all costs and expenses relating to the common area and improvements. The Association shall be responsible for the repairs, upkeep and maintenance, normal servicing, gardening, rules and regulations for use, care, and safety, annual planting of flowers (if any), payment of bills and related expenses for any Common Area. ARTICLE V ARCHITECTURAL CONTROL Section 1. Architectural Committee. A committee of three persons shall act as an Architectural 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 fifteen (15) days to review said plans, drawings, and specifications. If said committee shall approve the proposed building, or any modiflcation or alteration thereof, they shall so indicate by the dating and signing of the set of plans by one 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 with said covenants. No building shall occupy any potion of said subdivision without prior consent of said committee. The committee shall consist of the following: Gregory B. Johnson 5137 N. Leather P1. Boise, Id. 83704 CRAIG GROVES PARK POINTE REALTY, Boise, Id. A committee member may not be the signature on his own plans and specifications. Notwithstanding any other provision to the contrary in the Covenants, Conditions and Restrictions for GEM PARK IZ subdivision, after Declarant has sold all the lots in property, the Architectural Committee shall be turned over to the GEM PARK II Neighborhood Association, Inc., and not before. Amending this instrument shall not affect this provision. A majority of said committee is empowered to act for the committee. In the event any member of the committee is unable to act or fails or desires not to act, the remaining committee members shall appoint an owner of a lot in said subdivision to serve on said committee, all of whom serve without compensation. DECLARATION PAGE 6 Section 2. Covenants. Restrictions and Conditions. The following covenants shall run with the land and be in force and effect for thirty (30) years hereafter unless sooner terminated by agreement of the owners of seventy-five percent (750) of the land in the subdivision and after all lots herein have been sold by the Declarant. Modification or termination of these covenants can only be made with the consent of the Declarant while any lots in this subdivision remain in their ownership, and are as follows, to wit: (1) No building, fence, wall, structure, improvement or obstruction shall be placed or permitted to remain upon any part of said property unless a written request for approval thereof containing the plans and specifications therefore, including exterior color scheme, has been approved in writing by the Architectural Committee. The approval of the Committee shall not be unreasonably withheld if the said plans and specifications are for improvements which are similar in general design and quality, and generally in harmony with the dwellings then located on said property. variances in building setback requirements shown on plat may be given by the Architectural Committee upon proper showings and so long as the City and County approval is obtained. The square footage of the living area of the home shall not be less than 1300 square feet. Roofs must be at least 4 in 12 pitch and be asphalt shingles or better. No gravel roofs, split-entry, or prebuilt homes will be allowed in the subdivision. Exterior colors shall be earth tones or other light colors. Bright or Bold colors, or very dark colors, shall not be permitted. Some brick or stucco on the front exposure will be required. Bay windows, broken roof lines, gables, hip roofs, etc. are strongly encouraged. Lot 6 Block 3 contains an existing farm house that will be allowed to remain as constructed. All lots shall be provided with a driveway off-street automobile parking spaces within the lot. All houses shall have an enclosed attached hold no less than two cars which is not include living area square footage. No residence shall stories above the ground. and a minimum of two boundaries of each garage which will i in the minimum be in excess of two All fences must have a permit from the city of Meridian prior to construction. The fence must be in compliance with the city ordinance and must provide for the site triangle as defined in the city ordinance if applicable. All fences must also be approved by the Architectural Committee in writing. Any variances must be approved by the city council and the Architectural Committee. Fences shall be of good quality and workmanship and shall be properly finished and maintained. No chain link fences are allowed. The location of fences, hedges, high plantings, obstructions, or barriers, shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets and shall not be allowed to constitute an undesirable nuisance or noxious use. The determination of the Architectural Committee shall be binding on all parties as to whether an undesirable, nuisance or noxious use exists. DECLARATION PAGE 7 All recorded lots within this subdivision shall be subject to and restricted by the following recorded subdivision covenants: 1. (a) A monthly sewer charge must be paid after connecting to the Meridian City public sewer system, according to the ordinances and laws of Meridian City. (b) Owner shall submit to inspection by either the Department of Public Works or the Department of Building Safety whenever a subdivided lot is to be connected to the sewage system. (c) The applicant/owner of the subdivision shall and hereby does vest in Meridian City the right and power to bring all actions against the owner of the premises hereby conveyed or any party thereof for the collection of any charges herein required and to enforce the conditions herein stated. (d) The recording of this plat by Declarant shall be deemed and constructed as a request for the annexation of its property to the corporate limits of Meridian City. such requests and consents shall be binding on all subsequent purchasers or owners of Declarant's property. 2. No building shall be located on any lot nearer than Twenty (20) feet from the front line and fifteen (15) feet from the rear line nor nearer than five (5) feet per story to any side line. 3. Construction of any residences in the subdivision shall be diligently pursued after commencement thereof, to be completed within Twelve (12) months. 4. Landscaping of front yard is to be completed within thirty (30) days of substantial completion of the home, or within thirty (30) days of occupancy, to include sod in the front yard, two trees of at least 1.5" caliper or pine tree of at least six feet in height, three (3) five gallon plants and five (5) one gallon shrubs. Berms and sculptured planting areas are encouraged. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval of the Architectural Committee. Grass will be planted in back yard within on year of occupancy. 5. No building shall be moved onto the premises. 6. No shack, tent, trailer house, or basement only, shall be used within the subdivision for living quarters, or any other purpose permanent or temporary. 7. Nothing of an offensive dangerous, odorous or noisy endeavor shall be conducted or carried on nor shall anything be done or permitted in said subdivision which may be or become an annoyance or DECLARATION PAGE S ! ~ nuisance to the other property owners in said subdivision. Weeds shall be cut to less than four (4) inches. 8. Keeping or raising of farm animals or poultry is 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 property of others. Dogs shall not be allowed to run at large. Not more than two (2) animals may be kept at one time, except that a litter of young may be kept until eight (8) weeks old. 9. Only residential uses will be allowed within said subdivision. 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. 10. only one outbuilding per lot will be allowed. All outbuildings shall be constructed of good quality building material, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other buildings on said property and must be approved by the Architectural Committee. 11. Additional easements: In addition to the easements shown on the recorded plat, an easement is farther reserved five (5) feet on each side of all other lot lines for installation and maintenance of utilities, irrigation and drainage. Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, or which may change the direction of the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility is responsible. 12. All bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground pipe to wet line sewer connection lines which have been provided to each lot. DECLARATION PAGE 9 13. No sign of any kind shall be displayed to public view on any building or building site on said property except a professional sign of not more than five (5) square feet advertising the property for sale or rent by an owner, to advertise the property during the construction and sales period. If property is sold or rented, any sign relating thereto shall be removed immediately. Notwithstanding any provision to the contrary, signs of any attd all sizes and dimension may be displayed by Declarant, on lot owned by said Declarant. The Association may display a sign of any size and dimension, without limitation thereto, for subdivision identification. 14. No lot or building site included within this subdivision shall be used or maintained as 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. 15. Parking of boats, trailers, motorcycles, trucks, motorhomes, campers and like equipment, or junk cars or other unsightly vehicles, shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of an enclosed garage, or other approved enclosure, and no portion of same may project beyond the enclosed area. The Architectural Committee shall be the sole and exclusive judges of approved parking areas. 16. 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 the street view. 17. The Architectural Committee's decision is final and binding on all issues but must meet the minimums required by the city of Meridian and other government agencies. Section 3. Damage to Improvements. It shall be the responsibility of the builder of any residence of this subdivision to leave the street, curbs, sidewalks, fences, and tiled irrigation lines, utilities and all other improvements free of damage and in good and sound condition at the conclusion of the construction period. Fine grading on each individual lot shall be required to conform to F.H.A. grading and drainage specifications. Zt shall be conclusively presumed that all such improvements are in good, and sound condition at the time building is begun on each lot unless the contrary is shown in writing at the date of conveyance or by date of possession, whichever date shall first occur, which notice is addressed to a member of the Architectural Committee. ARTICLE VI GENERAL PROVISIONS section 1. Time Extension for Covenants. The covenants set DECLARATION PAGE 10 • forth in this instrument shall run with the land and shall be binding on all persons owning lot(s) under them for a period of thirty (30) years from the date of this recording thereof, after which time such covenants shall be automatically extended for successive periods of ten (10) years, unless at any time after the initial recording of this instrument, an instrument signed by the owner of 75~ of the land of this subdivision has been recorded agreeing to change or terminate said covenants in whole or part and after all lots therein have been sold by the declarant. Modification or termination of these covenants can only be made with the consent of the declarant while any lots in this subdivision remain in its ownership. section 2. Enforcement. Enforcement against any person or persons violating or attempting to violate any covenant herein after ten (lo) days notice thereof in writing served on the offending party, shall be had by the Association and/or any property owners either at law or equity. In the event of judgment against any person for such the Court may award injunction against any person for such violation, require such compliance as the Court deems necessary, award such damages, reasonable counsel fees and Court costs as may be suffered or incurred, and such other or further relief as may be deemed just and equitable. The association, or the owner shall have the right to enforce, by any proceeding at law or in equity all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of the Declaration. Failure by the Association and/or any owner to enforce any covenant or restriction herein contained shall in no event be deemed as a waiver of the right to do so thereafter. Section 3. Architectural Committee: The Directors shall become the Architectural Committee, upon the sale of the last lot by the declarant. Section 4. Severability. Invalidation of any one of these covenants or restrictions by judgement or court order shall in no wise affect any other provisions which shall remain in full force and effect Section 5. Annexation. Additional residential property and Common Area may be annexed to the properties with the consent of two-thirds (2/3) of the members. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this day of 1991. THE WESTPARK COMPANY INC. MANAGING PARTNER Gregory B. Johnson, President DECLARATION PAGE 11 STATE OF IDAHO County of Ada ss On this day of 1991, before, me, the undersigned a Notary Public in and for said state, personally appeared Gregory B. Johnson, known to me to be the President of THE WESTPARK COMPANY, INC., that executed within instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year in this Certificate first above written. Notary Public for Idaho Residing at Boise, Idaho Commission Expires DECLARATION PAGE 12 w RESOLUTION NO. Z S7 BY: ~ F/CIh GC,efvca ~! ~~~!%l ~2 ~~Z~~o/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE ~5'~ DAY OF ~c{~,~-~~ , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND GEM PARK II, A GENERAL PARTNERSHIP DIVIDEND DEVELOPMENT, INC., AND THE WESTPARI< COMPANY, INC., GENERAL PARTNERS. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with GEM PARK IT, A GENERAL PARTNERSHIP DIVIDEND DEVELOPMENT, INC. AND THE WESTPARI~ COMPANY, INC., GENERAL PARTNERS, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with GEM PARK II, A GENERAL PARTNERSHIP DMDEND DEVELOPMENT, INC. AND THE WESTPARI< COMPANY, INC., GENERAL PARTNERS, entitled "DEVELOPMENT AGREEMENT", dated the ~ day of Qc~,~, 1999, by and between the City of Meridian and GEM PARK II, A GENERAL PARTNERSHIP DIVIDEND RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING -PAGE 1 OF 2 CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH GEM PARK II, A GENERAL PARTNERSHIP DIVIDEND DEVELOPMENT, INC. AND THE WESTPARI~ COMPANY, INC., GENERAL PARTNERS ~ i DEVELOPMENT, INC. AND THE WESTPARI< COMPANY, INC., GENERAL PARTNERS, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this S~ day of (~G~~--~ , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this S" ' day of QC fa ~-~'"-' , 1999. ~~~~ MAYOR ATTEST: ~```~„~~„~~r~~~urar" o,, .~ ~~ ~ '~. d ~. 4 T 4 TY CLERK = ggAj, msg/Z:\Work\M\Meridian I5360M\Sherbrooke Hollows No.3ULelglrti,,I'rrQ~.~. _ __,,1„pP~~~`~~ RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING -PAGE 2 OF 2 CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH GEM PARK II, A GENERAL PARTNERSHIP DIVIDEND DEVELOPMENT, INC. AND THE WESTPARI< COMPANY, INC., GENERAL PARTNERS CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the. custodian of its records and minutes and do hereby certify that on this ~f% day of ~~{a~~1Z~-, 1999, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE DAY OF ©~~ ~J-e~ , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND GEM PARK II, A GENERAL PARTNERSHIP DIVIDEND DEVELOPMENT, INC., AND THE WESTPARI< COMPANY, INC., GENERAL PARTNERS. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with GEM PARK II, A GENERAL PARTNERSHIP DIVIDEND DEVELOPMENT, INC. AND THE WESTPARI< COMPANY, INC., GENERAL PARTNERS, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with GEM PARK II, A GENERAL PARTNERSHIP DIVIDEND DEVELOPMENT, INC. AND THE WESTPARI~ COMPANY, INC., GENERAL PARTNERS, entitled "DEVELOPMENT AGREEMENT", dated the ~~ day of ~~{e~F 1999, by and between the City of Meridian and GEM PARK II, A GENERAL PARTNERSHIP DIVIDEND DEVELOPMENT, INC. AND THE WESTPARIC COMPANY, INC., GENERAL PARTNERS, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. ~T ~V`"-_ - $~AL 4~lILLIAM G. BERG, J STATE OF IDAHO, )"'~", ~lqm(. ~~~~`~~• SS /~~urain nn~aaa County of Ada, ) On this ~ day of ~~(,c,1, , in the year 1999, before me, ~/~/ 1't'kl Q _ c;V~i2(~„ , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerlc of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ,,',• •.•~~ p. OVe~•,, ~1 ~ ~aT~r ~ (SEAL, ~.~ : * ? Notary Public for Idaho ' 'VBLlG 1 Commission Expires: > (-off-oY ,• ~- :••••~.'r8 • 1 P~p'~~. •,.., OF _ msg/Z:\Work\M\Meridian 15360M\Sherbrooke Hollows No.3\CertificaceClerkforResoluuon RECEIVE 03D Y CITY OF sye f;t~;`~;~ July 19, 1991 TO: Mayor, Counc' Attorney gineer FROM: Clerk Niemann GI e Y 1=~~~.:~~°v~~=d ~_-~_~~ Attached you will find the Covenants for Gem Park II Subdivision for your review. These will be on the August 6th Agenda for City Counci L ~ t.~~~tCa{ ~ ate. o,,,..u _ ~~ U~~~u~z- ~~.~- ~~.ez - GC !Oc'~ ~irrZ'-°L,,uti,;~, ~r.G~. ,~ec~~ A ~o-du'ur m..,t~.L ~¢~c~,7', ~~ /0 - ~C mo=w. 3 - /~ ~- YY~ ~az~ d'2~uL~~ ~~~