HomeMy WebLinkAboutGlennfield Manor #6 CovenantsS~IVISION EVALUATION SET
Proposed Development Name GLENNFIELD MANOR N0. 6 City MERIDIAN
Date Reviewed 4/11/91 Preliminary Stage Final
Engineer/Developer Hubble Engr./L & R Sales Date Sent
The following SUBDIVISION NAME is approved by the Ada County Enginner or his
designee per the requirements of the IDAHO STATE CODE. /) /~
The Street name comments liste~ below are made by the
STREET NAME COMMITTEE (under direction of the Ada Counf
development in accordance with the Boise City Street
v~f
~, Date // //
ors of the A OUNTY
Cneer) regarding this
Ordinance.
The following existing street names shall avvear on the plat as•
"N. MONACO WAY"
"N. CAIRNS WAY"
"BRYANT" cannot be used because it is too similar to "BRIAN" in sound It is
in ali¢nment with an existin¢ street and therefore shall be•
~~W. tilcCyLI~IGiEY ~~TYLt=i'"i a
The above street name comments have been read and approved by the following
agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the
signatures must be secured by the representative or his designee in order for the
street names to be officially approved.
ADA COUNTY STREET NAME COMMITTEE,
Ada County Engineer John Priester
Ada Planning Assoc. Terri Raynor
Meridian Fire Dept. Representative
OR DESIGNEES
Date //
Date
Date
NOTE: A copy of this evaluation sheet must be presented to the Ada County
Engineer at the time of signing the "final plat", otherwise the plat will not be
signed iti! Sub Index Street Index Map
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MERIDIAN CITY COUN:IL
APRIL 16, 1991
PAGE #3
Tolsma: I have questions for the City Engineer. Has everything been complied with
on your recommendations?
Eng. Smith: Yes, on Glennfield #6 I received final plat on that one and everything
was taken care of. I haven't received final plats back on #5 at this time.
The Motion was made by Tolsma and seconded by Yerrington to approve the Final Plat on
Glennfield #5 subject to City Engineer's approval.
Motion Carried: All Yea:
STEM #5: FINAL PLAT ON GLENNFIELD #6:
The Motion was made by Myers and seconded by Tolsma to approve the Final Plat on Glennfield
#6.
Motion Carried: All Yea.
ITEM #6: COVENANTS GLENNFIELD #5 & #6:
The Motion was made by Myers and seconded by Yerrington to approve the covenants for
Glennfield #5 & #6.
Atty, Crookston: I have a couple of things here, I think the best way to handle it
is to present them to Mr. Hubble and they can be worked out they are not anything serious.
Both the Motion and the second were withdrawn.
Eng. Smith: I was talking to Don Smitchger of the Settlers Canal Company and he asked
that the developer consider in their covenants a statement that precluded the planting
of trees along that portion of the Settlers ditch that is being piped.
The Motion was made by Myers and seconded by Yerrington to approve the Covenants for
Glennfield #5 & #6 with the City Attorney's approval.
Motion Carried: All Yea:
ITEM #7: REQUEST BY SANITARY SERVICE: TABLED AT LAST MEETING: ~ NEW TYPE TRASH COLLEC~RS:I
The Motion was made by Giesler and seconded by Tolsma to deny this request to move a
semi trailer to this location.
2 - Yea; 2 - Nay: - Hearing a tied vote, I will vote Yea:
Motion Denied:
Kingsford: Moe is getting new equipment and he is proposing to offer an option of these
larger garbage cans at an additional fee.
Alidjani: After some time we are in the process of getting 3 new trucks & three new.
beds. These are new equipment that we are purchasing. We would like to propose to
the City of Meridian an option for the citizens of Meridian to have this automated system
a •
APRIL 3, 1991
MAYOR
COUNCIL MEMBERS
ATTORNEY
ENGINEER
ATTACHED ARE THE COVENANTS OF GLENNFIELD # 6 FOR YOUR REVIEW
THESE WILL BE ON THE AGENDA FOR APRIL 16, 1991
DECLARATION OF PROTEGTIVE GOVENANTS
CONDITIONS AND RESTRICTIONS
OLENNFIELD MANOR #6
DATED
RECORDED:
INSTRUMENT NO:
WHEREAS, L & R SALES, an Idaho Partnership, hereinafter referred
to as "Declarant", is the owner of certain real Property situated
in the City of Meridian, in the County of Ada> State of Idaho.
known as Olennfleid Manor Subdivision #6.
WHEREAS, Olennfield Manor #6 is a duly recorded P1at1 and,
WHEREAS, the Declarant desires to declare of Public record
certain Protective Covenants, Conditions and Restrictions upon
the ownership of said ProPerty:
NOW THEREFORE> in consideration of the foreeoing the Declarant
does hereby declare that the following Protective Covenants,
.Conditions and Restrictions:
1. Shall become and are hereby made a Part of all
conveyances of all lots within the plat of
OLENNFIELD MANOR #6, retorded on the ___ day of _________> 14g1,
in Boak _____ of Plats at Pages _________ of the records of Ada
County, State of IdahoR and.
2. Sha11 by reference become a Part of any such canvevance
and shall apply thereto as fully and with the same effect as if
set forth at large therein.
A. PROPERTY SUBJECT TO THESE COVENANTS
1. Initial_DaYelaemsat
Declarant hereby declares that all of the real Property
described above is held and shall be held, convened,
hvpothecated> encumbered, used, occupied and improved
sub,iect to these cavenants. The above Property together
with other real Property, if anv> from time to time
annexed thereto and made subJect to these covenants shalt
constitute Giennfield Manor #6.
2. Aanaxatiaa_af_Subsesuant_ehases_af_Olennfield_tlaanc_ac
Dthec_[?caee~tx
Declarant may from time to time annex to Giennfield Manor
any adJacent real property now or hereafter ac9uired by
it. The annexation of such additional Phases of
Olennfield Manor shall be accomplished as follawse
(a) The Declarant shall record a declaration which may be
executed by Declarant, and shall among other things
describe the real Property to be annexed, establish anv
additional or different limitations, restrictions,
cavenants and conditions which are intended to be
applicable to such property> and declare that such
Property is held and shall be held, conveyed,
hypothecated, encumbered, used, occupied and improved
subJect to these cavenants.
(b) The ProPerty included by any such annexation sha d
thereby become a Part of these covenants.
tc> Not withstanding any Provision apparently to the
contrary, a declaration with respect to any annexed area
may:
1. Establish such new land classifications and such
limitations, restrictions covenants and conditions with
respect thereto as Declarant may deem to be appropriate
for the development of the annexed property;
2. These covenants and any amendments thereto shall only
apply to subse9uently designated property upon the filing
of separate covenants executed by the developer or
assisns specifically in corporative these or additional
covenants.
H. LAND CLASSIFICATIONS
1. Lni:
A lot shall be any plot or tract described in the above
recorded plat. All said lots shall be used for
residential purposes except for temporary sales offices
for homebuilders or the Declarant.
C. BUILDING RESTRICTIONS
1. Easidential_LJsa
No lot shall be improved except with a dwellins or
residential structure designed to accommodate no more
than a single family and structures normally accessory to
such residences, exceptive the risht of any homebuilder
and the Declarant to use any single family residence as a
sales office or model home for purpose of sales within
Glennfield Manor.
2. Dwellias_SizB
The around floor area of the main structure, exclusive of
one-story open porches and garages, shall not be less
than 1300 s9. ft for a one-story dwellins nar shall the
main level be less than 800 59. ft. for more than one
story. Each single family dwellins shalt be provided
with a private garase of adevuate size to shelter not
less than two standard size automobiles.
3. Sathack_Bastcictians
A11 dwellins constructed upon said property shall
conform to the setback restrictions as follows unless
specifically waived in writing by the Architectural
Cantrol Committee. In no case can the Architectural
Control Committee grant a variance to less than the
setback as defined in the Meridian City Ordinances unless
a variance is granted by the City through approved
procedure. No building shall be located on any lot
nearer than twenty (20) feet to the front lot line;
nearer than fifteen (15) feet to the rear lot line, on
corner lots the side yard shall be minimum of twenty (20)
feet on the side abbuttins the street. Side yards shall
meet Meridian City code.
4. Easements '
Easements for the installation and maintenance
of utilities and surface drainage facilities are reserved
as indicated in the recorded plat. Within these
easements, no structure or planting or other material
shall be placed or permitted to remain which may damage
or interfere with the installation and maintenance of
utilities, or which may change the direction of flow of
surface 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 campanv is responsible.
5. Iamencacx_Stnuctuces
No struct.~res of a temporary character, trailer,
basement, tent. shack, garage, barn or other outbuilding
shall be used on any lot at any time as a residence,
either temporarily ar Permanently.
6. Sccisatian
In accordance with the provisions of Idaho Gode, Section
31-3805, the Declarant assumes na responsibility for
providing water for irrigation purposes other than
through the domestic system, and the purchaser
acknowledges the following
a) that irrigation water deliveries have not been
Provided;
b> that the owner of the lot must remain subJect to all
assessments levied by the irrigation entity;
c) that the purchaser shall be responsible to pay such
legal assessments;
d> that the assessments are a lien on the land within the
irrigation entity.
7. Fences
No fence, hedge or walls exceeding six (6) feet in height
shall be erected or placed or permitted to remain on am
tot. Fences shall be weil constructed with subdivision
architectural similarity and approval. In no event shall
side yard fences protect beyond the front walls of env
dwelling or garage that does not meet the City of
Meridian code.
H. Off8IIS1Y@_ALf1Y1tY
No noxious or offensive activity shall be carried on upon
env lot, nor shall anything be done thereon which may be
or may become an annoyance or nuisance to the
neighborhood.
9. Husiaess_and_Cnmmaccial
No trade, craft. business. profession, commercial ar
similar activity of env kind shall be conducted on env
lat. nor shall any goods, e9uipment, vehicles, materials
ar supplies used in connection with any trade, service or
business be kept or stored on env lot, excepting the
right of env homebuitder and the Declarant to construct a
residence on env lot, to store construction materials and
ewuipment on said lots in the normal course of said
construction.
10.Sisns
No sign of env kind shall be displayed to the public view
on any let or improvement, except one Professional sign
na more than 24inches by 24inches advertising the
property for sale or rent. This does not aPP1Y to signs
used by builder during the construction and sales Period.
11. Eakins
Parkins of boats, trailers, motorcycles, trucks, truck-
campers and tike e9uipment shall not be allowed on any
Part of said property nor on Public ways adJacent thereto
excepting only within the confines of a Privacy fence or
storage structure.
12. Animals
No animals,, livestock or Poultry of any kind shall be
raised, bred or kept on any lot except that a total of
two household pets may be kept provided then are not
kept, bred or maintained for any commercial Purposes and
provided then are kept on a leash when outside their
owners property boundary lines.
13) Icash_and_@uhhish
No part of said Property shall be used or maintained as a
dumpins ground for rubbish, trash, garbage or any other
waste. No garbage, trash or other waste shall be kept or
maintained on any part of said property except in
appropriate sanitary containers for proper disposal and
out of Public view. All containers for the storage or
disposal of such materials shall be in a clean and
sanitary condition.
14. Cnastcuctian_Cnmalatiaa
Construction of any dwelling shall be completed inciudins
exterior decoration within eight months from the date of
the start of such construction. All lots shall, Prior to
the construction of improvements thereon, be kept in a
neat and orderly condition and free of brush, vines,
weeds, debris and the grass thereon cut or mowed at
sufficient intervals to prevent creation of a nuisance or
fire hazard.
15. Exte~iac_Eiaish
The exterior of all construction on any lot shall be
designed, built and maintained in such a manner as to
blend in with the natural surroundings, existing
structures and landscapins within Glennfield Manor #3.
Exterior color must be approved by the Architectural
Control Committee. Exterior trim, fences, doors,
railinss, decks, eaves, gutters and the exterior finish
of savages and other accessory buildinss shall be
designed, built and maintained to be compatible with the
exterior of the structure they adJoin.
16. Landscaee_Comelatinn
Within thirty (30) days after occupancy of the dwelling
unit, each lot shall have in front yard rolled (sod)
lawn, one (1) deciduous or conifer tree, at least two (2)
inches in diameter and ten (10) shrubs or bushes as
approved by the Architectural Control Committee. All
front yard landscapins must be completed within ninety
(90) days from the date of occupancy of the residence
constructed thereon. In the event of undue hardship due
to weather conditions, this provision mar be extended up
to a maximum of six (6) months upon written approval by
the Architectural Committee.
17. Anteanas_aad_Sacuica_Eacilities
Exterior antennas or satellite dishes shall not be
Permitted to be Placed upon the roof of any structure or
Positioned on any lot sa as to be visible from the street
in front of said tot. Clothes lines and other facilities
shall be screened so as nat to be viewed from the street.
The Placement of all such items shalt be approved by the
Architectural Committee and include a map depictine the
Plan of such items.
18. Sisht_Distaace_at_Intacsectians
No fence, watt hedee or shrub Plantins which obstructs
sight lines at elevations between two t2) and six (6)
feet above the roadways shall be Placed ar Permitted to
remain on any corner lot within the trianeular area
formed by the street Property lines and a line connective
them at Points thirty (30) feet from the intersection of
the street lines, or in the case of a rounded property
earner from the intersection of the street property lines
extended. The same sight line Limitations shall aPptY on
any tot within ten (10) feet from the intersection of a
street Property line with the edge of a driveway or alley
Pavement. No tree shall be Permitted to remain within
such distances of such intersections unless the foliose
line is maintained at sufficient heisht to prevent
obstruction of such sight lines.
19. Water_SueelY_and_Sewa9e_Disensal
No individual domestic water supply system or individual
sewage disposal system shall be Permitted on any
residential lot. Irrisation water supply shall be
Permitted on any residential lot subJect to approval of
the Architectural Committee and all city, county, State
or Federal regulations pertaining to irrigation water
SUPP11@5.
20. Yacd_lishts
UPOn completion of a residential structure a yard light
shall be installed in a location not more than seven (7>
feet from the inside of the sidewalk. and adJacent to,
the driveway of such Premises. Said yard lieht shalt be
of a standard six (6> foot heisht, e9uipped with an
electric eve for automatic on/off operation. The location
and type of Yard light shall be shown on all plans for
construction of each Particular structure and be subJect
to approval, as submitted, to the Architectural Control
Committee. The Yard tight shall be electrically wired
directly to the residences electrical breaker Panel and
shall comply with the National Electrical Gode. If the
lot owners desire other street lighting, the cast thereof
shall be the responsibility of the lot owners.
D. ARCHITECTURAL CONTROL COMMITTEE
1. Memhecshie;._Aaeniatmsai:_aad_@emnYal
The Architectural Control Committee. hereinafter referred
to as the Committee. shall consist of as many persons,
not less than two (2), as the Declarant may from time to
~:,.:::
2.
3.
time appoint. Declarant may remove anv member of the
Committee from office at anv time and may appoint new or
additional members at anv time. Declarant shaii keep on
file at its principal office a List of names and
addresses of the members of the Committee. The powers and
duties of such Committee shall cease one veer after. or
prior, at Declarant's sole discretion, after completion
of construction of ail dwellings and following the sale
of said dwellings to the initial owner/occupant on all of
the building sites within Glennfield Manor and properties
subsequently annexed thereto.
Action
Except as otherwise provided herein, env one member of
the Architectural Control Committee shall have the power
to act on behalf of the Committee, without the necessity
of a meeting and without the necessity of consulting the
remaining members of the Committee. The Committee may
render its decisions only by written instrument.
Aeecayal_af_elans_hx_Acchitectucal_Cantcnl_Gnmmittea
a) no building or structure, including fences, swimming
gaols, animal runs and storage units shall be commenced.
erected, placed or altered on anv lot until the
construction plans and specifications as wuality of
workmanship and materials, harmony of external design
with existing structures, and as to location with respect
to topography and finish grade elevation have been
submitted to and approved in writing by the Architectural
Control Committee.
b) no building or structure, including fences and storage
units shall be commenced, erected, placed or altered on
anv lot, materially altered ar materially repaired which
shall alter the surface colors ar texture of anv unit or
portion thereof unless and until plans, specifications
and color scheme have been submitted to and approved in
writing by the Architectural.Gontrol Committee.
c) the re9uirement as to design and color shall apply
only to the exterior appearance of such improvements, it
not being the intent of these restrictions to control
interior repair or alteration, with the exception of
alteration of a garage or carport into tieing area.
d> as to all improvements, construction and alteration
upon env lot or the Common Area, the Committee shall have
the right to refuse to approve env design, plan or color
for such improvements, construction ar alterations which:
in its opinion, are not suitable or desirable .for env
reason, aesthetic or otherwise. In so passing on such
design, the Committee shall have the privilege in the
exercise of its discretion to take into consideration the
suitability of the proposed building or of the structure,
the materials of which it is to be built, and the
exterior color scheme in relation to the site upon which
it is proposed to be erected. The Committee may also
consider whether the proposed structure and design shall
be in harmony with the surroundings, the effect of the
~;._,. _
buildins or of the structure or alteration .therein as
Planned when viewed from adJacent or neiehborin9
property, and any and at1 other facts which, in the
Committee's opinion, shall affect the desirability of
such Proposed structure, improvement or alteration.
Actuai construction shall comPiy substantially with the
plans and specifications approved.
4. Liahilii.z
Neither the Architectural Control Committee nor any
member thereof shall be liable to any owner, occupant,
builder or developer for any damaee, loss or PreJudice
suffered or claimed on account of any action or failure
to act of the Committee or a member thereof, Provided
only that member has, in accordance with the actual
knowledse Possessed by him, acted in rood faith.
5. OlnnwaiYec
Consent by the Architectural Control Committee to any
matter Proposed to it and within its Jurisdiction under
these covenants shalt not be deemed to constitute a
precedent or waiver impairine its riehts to withhold
approval as to any similar matter thereafter proposed or
submitted to it for consent.
E. GENERAL PROVISIONS
1. Iecm
These convenants are to run with the land and shall be
bindine on all parties and all Persons claimine under
them for a Period of thirty (30) nears from the date
these covenants are recorded, unless at any time Prior to
the anniversay date or subse9uent dates a then maJority
of 51% the owners by written amendment amend ar cancel
these covenants after which time said covenants and/or
amendments there to shail be automatically extended for
successive periods of ten (10> years.
2. Eafnccemant
Anv owner or the owner of any recorded morteaee upon any
part of said property, shall have the rieht to enforce,
by any Proceedines at law or in e9uity> all restrictions,
conditions, covenants, reservations, liens and charees
now or hereafter imposed by the provisions of this
Declaration. Failure by any owner to enforce any
covenant or restriction herein contained shalt in no
event be deemed a waiver of the rieht to do so
thereafter.
3. Seuacahilitx
Invalidation of any one of these covenants by Judeement
or court order shall in no way affect any of the other
Provisions which shall remain in full farce and effect.
4. Effect_nf_Hcaac6
The breach of any af' these covenants, conditions, or
restrictions shall not defeat or render invalid the lien
of any mort9aee or deed of trust made in eood faith for
value as to any lot or lots or Portions of lots in such
Premises, but these covenants, conditions, reservations,
and restrictions shall be bindine upon and effective
o~ .,_
aeainst any such mortaaeee or tru:tee or owner thereof,
whose title thereto or whose title is or was acquired by
foreclosure, trustee's sale, or otherwise.
5. Amendment
A. Bx_Gnant,~n. Until the close of escrow for the sate
of the first Buitdine Lot. the Provisions of these
conditions may be amended, replaced or terminated by
Grantor by retardation of a written instrument
settine forth such amendment, replacement or
termination. For the Purposes of these
conditions, the close of escrow shall be deemed to be
the date on which a deed arantine a
Buildine Lot is recorded in the office of the Ada
County Recorder.
B. BY_Dwaecs. Except where a sreater percentaee is
re9uired by express Provision, the Provisions of the
supplement, other than this article, may be amended
by an instrument in writine sieved and acknowledsed
by the Architectuai Control Committee certifvin4 that
such amendment has been approved by the vote or
written consent of Owners ownins at least fifty-one
Percent (51'/.> of the Buildine Lots located in the
subdivision, and such amendment shall be effective
upon its recordation with the Ada County Retarder.
G. 52ntins_Biehi.s. Far the Purpose of vatine rishts each
lot owner shall have one vote per lot, exept the
Developer shall have two votes per lot until the
final tats have been transferred from the developer
to the Purchasers.
BY:
L & R SALES, GENERAL PARTNERSHIP
P. 0. BOX 36
CALDWELL, ID $3606
LASHER CONSTRUCTION COMPANY. INC.
GARY D. LASHER, PRESIDENT
ROD'S TRUST
LEONARD R. TRUMBULL, TRUSTEE
1E~ ,..