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Sunburst Subdivision #1 FP
r ~_ CITY OF MERIDIAN "Flub of lteesuro Valley" 33 E Idaho Meridlsn, Idaho 89642 8884433 Customer's p Order No. Date l z- IO // 19- Name ~ J A) ~~ ' ~ ~~ ~~ Adtlress Phone: SOLO BY CRSN C.OD. CM/RGE ON PLLi. MDSE. PEiD. PFID D~ I + r I I ~ ~ r ` I I n/ rd OC !~ C~ I ~C7 I I i I i I i I I en .mm. >ea ..m...e a.ee. Musr e. >...mwm.a er rm. nni. TAX I I I 001492a ToTA aoe ~ a °-~ ~ f 'F., ,> :"'ei 1.z. -, c'et,r+5 _7 .... i'tP!' .... _.. _ .~a Ur, .~i1 bJa~ C'.9~10 i-~ "de: _, `tayor ~,~c-ent =. r._ ~- ,-_.'_ .-; t. .~. P. m.. . r ~_r-. _~_`,? '?'_,. _.-. :_i, ~__ G:eiler, ~2'"t ;r •.er~, h=.. a. _ ,gt.,:,. .=ether^s Pr^esent: ae _.: m''-_-r', ,.i.. Keiiagg, Kev;n ri. Jones, Ba_~- _ ~ :e, Joann St~_rhr, Lav;d T:.!rr. ;, .:i ~, Frank Thomasan, Bail Corder, 3at-~~~ smith, Wayne C'roa:sz.:~r;. Bcc. _a en, Joe Keller. ~'IItiL'TEH pF THE PF:EV I J!JS ^'EE`' i•.IC'. NE~L`~ ~;O!JEMBER 19, 199 i _ 7F',_ '"tot.:ar, wa=_. made dy G'.es_er _;..~ ,ecanded 5y Myers t,_~ approve th? aun~_r?es or the ~re.~r;~.ts meet:r.y held November 1`+, 1991 as. a,t-:t-en: Motion Carried: All Yea: .n,: ~fard: F;rst .t e., ..:. .,.._ :~aenda ie. a Proclamation, for the ~eetival of the Chr:s?..nas ~. .. for Tats Week. :-Ei~7 .'rl: CQVENANTB~~a:'° „:~;:. The the appt^ Mot.ian Carried: R11 Yea: .':~i=:',7 #?_: JC~E SI MINICH: ~i_:'J?H ..^UGi-~ _,EWER: -.,:ingsfot^d: Jae Keller is he..e .-. :., rorsq_rer. Engineer,, he has ~, map snor+ing different ai?ern__-~:?s anarx;:enses, maybe he cot.ric ga ?.hro~.tgh t':at be+are ya~.r spear. Joe Keller: We appreciate be::-~.g abie tc do some work for the _, __ ,n. Eapla.ned ma[:-. .v. Ca~.ir:c:.. Presented some so~.ttf: Ci o;:an interceptor rawer _:ne si ignnen,; options ar.d costs for each. c.i:PLi+Nt=iTiJIU GiVEi-; uti =~,~- `iPTIUIV Tt+PE ON r=ILEi Kingsf ard: Mr. Siminich ~..to:_:ld ya~.r like to respond. Far Co~.rnci'.'s informatio:~~ i eske~~ '^.r. Wayne =or^t^ey to contact the prapi_ o~:t in tha+. area .in^_ sre ,yh at part ici patian the;.' m: gl'~t 5e interested in and so forth, I'7-~~~. =:im~n~ch >.s *.he spokes person. _lae '=imin Ch:' lJith me toll: g~~T r'taVB Mr, _.arlra'r"d, I*lrs. tJeriat,5e ar~:d Erwin Venadle and !", r•. ..___.gg, all property owners in tl-:is ar'?=.. WB af'? ~., =, t, _~:7;C E'r'n etv '4a? we f2e1 t_;'}at a :elder ilne ii: I x,._ i~IERIDIHN CIT'r CutJt+iC1L DE+=EpiBER - 19:1 pFilaE c that a+°ea following the south slough would serve considerably .more people and b,.uld more benefit to the entire future City of Meridian, although we are not in the Ci+.y now we are in your plar:n ing area. We notice that you are putting sewer and water Werth on Meridiar, Road, ador_rt 150 feet past Ustick Road into total agric,ilt,.rral land and we j,.,st felt some more consideration sho~.,ld be given to a sewer line in the Cresson Lateral area. iF~.,rther explanation - tape on file) ~;eller-: rou ^o,.rld p,.,t the line in arrywhere yon., want to it's dust the matter of who is going to pay for it. Kingsford: Doing to Eagle Road as he addressed that opport,.,nity ..s_re, we have r°ight now a developer that is going to go in then^e and will pay For a fair portion of that line. That's the reason 1 wanted Wayne to contact you to see what kind of development plans yor.r may have and what kind of participation you may be interested in. Siminich: I don't have any and I'm not certain about the other people, I don't think they have any development plans at least right now but of co,.,rse that can change. FCeller: We did look at other options, but it boils dawn to none,. Dis_,.rss,on. ±See tape) John Sanford, 2590 VenaGle Lane. I ~.mderstand all of a sudden there ar^e thr^ee options here. I would like to clarify whi cl-, options yo,.,r act,.,aily considering. Irwin VenaGle: I`m here with my mother Or^a Venable. Explained :which proper-+.y they own. Wanted to 4m ow why sewer line is r^,.mning down the center° of his field. Is this going to be something that. will in the fut,.rre foul up my building on that piece of gro~.,nd. :Keifer: Dne of the r^easons that was made a consideration was the possibility that if you wer•'e to develop this property, and we do?~' r know, in otrr view we tho,.rght that you might back ,.rp lots here .f you eve=- did develop that property and so you might want ~., ,`r;,ve are easement here rather than at the Gack of your property, then yon., co~.,ld use that sewer line. Disc~.;ssion. (See tape) S~IVISION EVALUATION ~ET Proposed Development Name SUNBURST SUB City MERIDIAN Date Reviewed 11/21/91 Preliminary Stage Final xxxxxxx Engineer/Developer Johnson En¢r./B. Sturh 6 R. Hunemiller Date Sent The following SUBDIVISION NAME is approved by the Ada County Enginner or his designee. Der the requirements of the iDANO STATE. CODF._ _ ~ CU~;7C 4'OGS I.~I!/~ J~/'~/id[~S L'r ~~~V,pj~d-yJ ~+~j/TS / ( // SUNBU ST SUBDIVISION R. f~./TjJ Date Z~ rt The Street name comments listed below are made by the member's of the A UNTY STREET NAME CCMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The followine existing street names shall appear on the plat as• "N. TEN MILE ROAD" "W.CHERRY LANE" The followin¢ new street names are approved and shall aoear on the olat as• "N. BING AVENUE" "W. ANN STREET" "W. STEPHANIE COURT" "N. VICTOR AVENUE" 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 STBEET NAME COMMI Ada County Engineer Ada Planning Assoc Meridian Fire Dept.. John Priester Terri Raynor Representative TTEE, CY RH ATIVES OR DESIGNEHS w- Lt, Date j/ L/ Date ~~ Date MOTE: A copy of this evaluation sheet must be presented to the Ada County Hngineer at the time of signing the "final plat", otherwise the plat will not be signed I11! Sub Index Street Index Map NUMBERING OF LOTS AND BLOCKS .. MERIDIAN CITY COUNCIL NEV. 19. 1991 The Regular Meetina of the Meridian City Council was called Lo order by t4ayar Grant P. Kings^ard at ?:30 p. m.. Members present: Ron Toisma, Bert Myers, Hob Giesler, Max Yerrington: Others present: Zak Anderson, Dustin Miller, Justin Courtial, Lee Welker, Kevin Jones, Boy Car^rie, JoAnn Stuhr, Larry Sale, Lee Stucker, Gary Smith, Bill Gordan, Jim Johnson, Wayne Crookston, Max Boesiger Jr., R+.:ss Hunemiiler: MINUTES OF 7HE PREVIQUS MEETING HELD NOVEMBER i,, 199i: The Motion was made by Talsma and seconded by Yerrington to approve of the minutes of the previous meeting held Nov. 6, 1991 as written: Motion Carried: All Yea: Kingsford: I want to extend a welcome to pack #51, we appreciate having yo+_i here wiih us. ITEM #i: FINAL pLAT: THE CO RIVER A7 THE VINEYRRDS: Giesler: I was wondering if the comments have been worked out from the engineer. Larry Sales: I have no problems with the Engineer's comments. Kingsford: If yw_: pro.,lect intended to retain on site? Sales: Yes we will retain everything on site. The Motian was made by Tolsma and seconded by Myer^s to approve of the Final plat for^ the Cnrner^ at the Vineyards: Motion Carried: All Yea: ITEM #2s F~,` ;,~°`~s >=;iesler: I had a concern with regard to the size of square footage. Some of these are 1200 sq. ft., I'm not so sure we sho~_ild go with that small of a home in that subdivision. Russ Hunemiller^: We meet the requirements of the ordinances. i*iyer's: 1 think as fang as it meets the Ordinance there isn't a whole lot we can do about it. Giesler: We've got enough subdivisions with small homes. I'd like to see the larger ones in ibis area. MERIDIAN CITY COUNCIL NOV. 19, 1991 pR1;E Giesler: Do you have a price range for these square footages? Hunemiller: 575,000 to 590,000. The Motion was made by Tolsma and seconded by Yerrington to approve the Final plat on Sunburst Subdivision #1. Yerrington withdrew his second of the notion. The Motion approve of Sunburst the ~bvenants, 2 - ,Ytat - 2 h~a: Kingsford: Tie vote Subdivision #1 conditioned ~:s Mayor votes Yea, this passes. Kingsford: We need to represent this school financing vehicle for down. get all of the jurisdictions involved that district and core up with some sort of a future schools or building will be shut Myers: The reason I was opposed to this was not because of the 1200 sq. footage but because of the schools. I agree with the Mayor there has got to be something done to help the schools. Hunem311er: I agree. Kingsford: I think the reality is going to be that again we will have a bond issue fail, we will run a batch of students through there that have an inferior education. Lot fees were discussed. ITEM #3: LEE STOCKER: Stucker^: We are doing some replanning on the subdivision out on Cherry Lane which was proposed Hethhaven. We are considering putting some of the larger barn building out there, putting it into a storage area if possible. We are not wanting to put in a large commercial storage or anything like that it's just a matter of utilizing the building that is there and incorporating a small ar^ea around that ar^ea for R.V. storage and this type of thing. It basically would be used by the local people, I don't want to say that it would be restricted to just the people there but that is what we are gearing for. OFFICIALS JACK NIEMAN N, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROONSTON, JR., Attorney EARL WAP D, Waste Water SUpt. KENNY BOWERS, Fire Chief BILL GORDO N, Police Chief GARY SMITH, Clty Engineer HUB OF TREASURE VALLEY • A Good Place to Live COUNCILMEN CITY OF MERIDIAN R O A J EABERT MYERS 33 EAST IDAHO ROBERT GIESLER MA%VERRINGTON MERIDIAN, IDAHO 83642 PhORE BSS-0433 Chairman Zoning & Planning JIM JOHNSON GRANT P. KINGSFORD Mayor MEMORANDUM November 16, 1991 T0: MAYOR AND CITY COUNCIL RE: SUNBURST SUBDIVISION N0.1 FINAL PLAT FROM: GARY SMITH, PE ~j-yN,~., My review comments for~this final plat submittal are as follows: 1. The final plat lot and street arrangement does con- form to the previously approved preliminary plat. 2. The entrance street name "N. Bing Ave." needs app- roval by the Ada County Street Name Committee. The other names have been approved. 3. The right of way oaidth for Cherry Lane Road needs to be shown as 33.0 feet with an adjacent 7.0 feet of "Ease- ment for Future Road Right of Way." 4. Engineer Johnson needs to submit lot area calculations for Lots 5,7-Block 1 and Lots 11, 15-Block 3. 5. The house size designations conform to ordinance requirements. 6. A 20 foot wide permanent sanitary sewer easement needs to be written in favor of the City of Meridian and record- ed in the Ada County Recorders Office for the length of sanitary sewer line existing from the boundaries of this subdivision to the Ten Pdile Road public right of way. A copy of this recorded easement needs to be provided to the City of Meridian. STUHI2 & HUNEMILLER FINAL PLAT SUNBURST SUBDIVISION # 1 COMMENT S 1: ADA COUNTY HIGHWAY DIST: NOTHING RECEIVID: 2: CENTRAL DISTRICT HEALTH: CAN APPROVE WITH CENTRAL WATER & SEWER: 3: NAMPA MERIDIAN IRRIGATION: NOTHING RECEIVED: 4: BUREAU OF RECLAMATION: SEE ATTACHED i.F'i*rF`T2; 5: JOINT SCHOOL DISTRICT # 2: SEE ATTACHID LETTER: 6: CITY ENGINEER: SEE ATTACHID CQMMII~ITS:" 7: POLICE DEPT: NO OBJECTIONS TO THIS PROPOSAL: 8: FIRE DEPT: NO PROBLEMS: 9: ZONING ADMINISTf2ATOR: THEY ARE REQUESTING SOME HOUSING UNIT OF TWII,VE HUNDRID SQUARE FEET: THERE ARE NOT ANY OIIlERS IN THIS AREA UNDER THE THIRTEIN HUNDRID SQUARE FEED: ALSO THEY HAVE NOT SUBMITI'ID AND RFSTRICTIVE COVE[~1N'i'S: ~E~. o~ ry i ~~~~"~~`` ~~ United States Department of the ~,, ~ ~ A' BUREAU OF RECL.AM ATION CENTRAL SNAKE PROJECTS OFFICE 9A4,~s._ ao-~, 214 BROADWAY AVENUE BOIS F, IDAHO 83702-7298 ~n atr ~r REFCR N- 320 November 5, 1991 Meridian Planning & Zoning Commission City of Meridian 33 East Idaho Avenue Meridian ID 83642 ^ TAIL Interior i ~ Subject: Review of Sunburst Subdivision Preliminary Plat Designed by Johnson Engineering (Zoning Review) Dear Meridian Planning & Zoning: This subdivision's storm water will run off into the United State's Nine Mile Drain, which is operated and maintained under contract by the Nampa-Meridian Irrigation District. All discharges to the drain require a permit from the Bureau of Reclamation. In our August 5 reply to the preliminary plat we requested prompt Reclamation and Nampa-Meridian Irrigation District review of this subdivision's storm water drainage. We have not yet seen any plans or calculations to base our review on. Neither do we know the relationship of this subdivision's drainage to that of the sur- rounding neighborhood and street drainage. We request final plat approval be withheld until a comprehensive storm water runoff design is reviewed by Reclamation and Nampa- Meridian Irrigation District. Assuming BMP infiltration/detention and treatment satisfactory to Reclamation and the Nampa-Meridian Irrigation District, Reclamation can then issue any needed storm water discharge permit. This project can then make an orderly addition to your community. Please contact John Caywood of my staff (ph. 334-1463) if we can be of any assistance. Sincerely, errold~/~ ~a~~ G~~~~~ 49 Project Superintendent cc: Nampa-Meridian Irrigation District Pat Dobie, ACHD • • SU PE RINTEN DENT OF SCHOOLS Dr. Nick Hallett DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration ASSISTANT SUPERINTEN DENT Bob Haley, Instruction & Personnel DIRECTORS Jim Carberry, Secondary Darlene Fulwood, Elementary JOINT SCHOOL DISTRICT N0.2 911 MERI DIAN STREET MERIDIA N,IDAH083642 PHONE(208)888-6701 October 31, 1991 Meridian City Council 33 East Idaho Meridian, Idaho 83642 Re: Sunburst Subdivision Dear Member: 1 The Meridian School District supports economic growth for Idaho and specifically for the district's area, but such growth produces a need for additional school construction. We ask that planning and zoning officials assist the district in obtaining support for a development fee statute on new home construction to help offset the costs of building additional school facilities. We also ask that the same support for school bond issues be requested from developers and other interests seeking planning and zoning approval for residential projects. The School District has grave concerns toward further residential development because student enrollment now exceeds building capacity. The Meridian School District patrons should not bear the full cost of building new school facilities which are required by growth. Until some dependable means of funding additional facilities and acquiring sites becomes available, the district cannot support residential development unless $500 per lot is paid to the district to minimize bond tax rates. $500 per lot would provide about one acre per additional forty-five students; or a relocatable for every additional 100 students, based on one and a half students per home. The district respectfully requests that no further residential development be authorized unless the above conditions are satisfied. If residential development occurs without regard for acquiring sites and constructing facilities, then our schools will become very overcrowded or our property owners will have to pay dramatically increased school bond tax rates. Meridian School D~trict - October 23, 1991 age 2 Adequate bus turnarounds and loading areas need to be provided to assure bus service in the event that such service becomes necessary. Residents cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. Developers are strongly encouraged to provide walkways, bike paths and safe pedestrian access to schools. Sincerely, ~n 7Ylu~( Dan Mabe Deputy Superintendent DM:gr • CENTRAL DISTRICT HEALTH DEPARTMENT ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Rezone N d 1. 2. 3. 4. _ 5. 6. _ Return to: Boise Fagl e Meridian _ Kuna AC'L We recamend denial of this proposal. Specific knowledge as to the exact type of use must be provided before we can cament on this proposal. We will require more data concerning soil conditions on this proposal before we can comrent. We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can camient concerning individual sewage disposal. 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 _ Commuuty sewage systen and _vP.entral water Individual water _ Camieu~ity water well. 8. ./ Plans for -~P~ntral sewage Camunity sewage systan Sewage dry lines, and "Central water _Camunity water must be suhidtted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9. ~ Street runoff is not to create a mosquito breeding problen. 10. _ This department would recamiend deferral until high seasonal ground water can be determined if other considerations indicate approval. 11. _ If restroom facilities are to be installed then a sewage systen MbT be installed to meet Idaho State Sewage Regulations. 12. _ We will require plans be sutrnitted fora plan review for any (food establ.ishment)(beverage establisFment)(swimmng pools or spas)(grocery store). 13. Reviewed by Date We have no objections to this proposal. ~~~~~ ~~~~~~~~~~~~~zq~~3~3~3 T~ O r y~ ro d d - d [9 G7 t" ~ fn y 4 o z ~ H H ~ ~ ~ m chi ~' ~ ~ V ~ ro ~n ~ H ro ~ ~ ~ ~ d ~ ~ ~ ~ ~ ~ r°n ~ czi r ~ ~ ro z ~ ~ Hv ~ ~ rc, ~ ~ ~ ro y ~ ~ ~ ~ ~ z ~~ro~y~~~ ~°g ~ ~ z ~ y ~ ro o~ x ?5 k H o b H~ z i ~' v o m~ ~' Z ~ 3 H OH H H H (~li H 4 ti m 3 H O 5 2 '~ ~ H ~ 3 n7 a+ Z r n a+ q H ~ y 3 ro r ro ~ ro ~ b ace ~ r -~ r o y ~ro7 y r o ~ ro 3 r ~ ~ E H ~ K O .,~ .J H vt H ~ r ~~~~~ H H ~ ~ v czn r ~ ~ ~ ~ ~ ~ b vC ~ r fCHH ~ r ~~m~fC ~~~~~ r~ ~ ~ ~ ~ p [n ~ Z 8 ~ .. b ~~ ~ ~ r ~ ~ ro ~ y ro E ~ ~ r~ ~ ~ v ro m m z i ro o ~ ,~ t ; ~ ~ ~ ry aa.~~ O ~ d ~ ~ ~z s ~ ~ ~ £ .. ~ ( H m H W r d Z ~. K r I~ W H 0 Hq Z H ~..~ H CENTRAL •• DISTRICT iR'HEA~TH DEPARTMENT MAIN OFFICE • 1455 N. Orchard • Boise, Idaho 83706 • (208) 375-5211 Serving Atla Boise, E!rwra. and Valley Coombs Boise County OHica 1455 N.OmhafE Boise. l0 e3]os Nursing: 3]5-5211 Environmental Health: 3]5-5230 Elmore County Ofika 520 E. Blh Street N. Moumain Home, to s3sa] 587-640] Elmore County OHke of Enviranrremal Health 19d 5.4th Street E. Mouroain Home, ID 8366] 56]-9225 Valley County Oflke P.O. Box 1448 McCall, 10 83630 s3a.]196 91-740 October 31, 1991 DAVID NAVARRO ADA COUNTY RECORDER 650 MRIN STREET BOISE ID 83702 RE: SUNBURST SUBDIVISION Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and can approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on October 31, 1991. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, Tj~...o ~ tae Thomas E. Schmal``~~, E. H. S. Sr. Environmental Health Specialist cc: Tom Turco, Director Meridian City Public Works Meridian City Building Dept. HUD Stuhr/Hunemiller Roy Johnson Engineering TS:bls • HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS COUNCILMEN JACKNIEMANN, City Clerk JANICE GABS, Treasurer CITY OF MERIDIAN RO EpBERTMVERSA BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO ROBERT GIESLER EARL WARD, Weste Water SUpt. MAX VERRINGTON KENNY BOWERS, Fire Chief MERIDIAN, IDAHO $3642 BILL GORDON, Police Chief Phone888-4433 Chairman 2oningBPlenning GARY SMITH, City Engineer JIM JOHNSON GRANT P. KINGSPORD Mayor October 31, 1991 Mayor Council hers Sunburst Sub: They are planning on building houses under the 1300 square £oot, (see note on plat), did not know whether the :Mayor & Council wanted to allow smaller units in this area. (~~ Jdck N~. `~'Z / Zgning strator (. ,, v v H H 0 n K IH I~ I I y~y I I3 In I[~1 I I I~ I I¢1 ~I[D I~ I~ I IH I~ IM I~ IH ~ yy '"~Y~~p~ Y q ~ :v ~ A'7 ~p ~ r~ ~ C ~ O~ ~7 O ~ 3 ~m 3 [tq7'! 3 C' 9~ ~ ~U 0 O ~ r r^ [n~1 C7 ~ y ~ m y ~ 7C ~ V~ ~ ~p'+ 4 F.~ H-1"' V1 H ~ 4 o b ~ ~ ~ ~ ~z ~ ~ ~ ~ ~ ~ ~ ~ ~3 ~ ~ z tT7 ~ H H ~ H ~ m b H `~ Y ~ z r g H~ M c~ 8 ~ z H [n ro O ~ x k rro, ~ o ro H ~i z~~ v o m 4 rr-i m 3 H O ~ Z '~ ~ H ~ 3 "~ m z r H z ~ z ro ° ~ 3 ~ ~ r z y rgr~~ ~ ro ~ .~ fS r i ro ~ ~ H v r H K Z H Yr' ^ r O H~7 t" 3 Z K ~ H ~-' ' '~ ro °z ~ ~ K r £~ N £ O (Zn 3 O ~ < ~ ~ ~ yyY~ ry ~ N N~TMK Liz ~~~~~ ~ r r H W r g r H t-• ~ ~ r y ~~ ~ ~ ~a- ~~ ~ ~ ~ ~ 8 ~ ~ ~~ ~ o rE ~ ro ~ ro ~ ~cn y ,~~ ~~{ yH ¢ r ~ M ~ • ro m C~7"l~ FC m ~ L~n o H p vW ~ ~ L~,,, ~ ~ W z a. H ~ H ~° ~ ~ ~~ ~ ~ I ~o 0 H Lp ~= 2= / = ~O(o7,~h~l~ Jti~ WARRANTY DEED FOR VALUE RECEIVED JOAN D. PRIEST, a married woman dealing with her sole and seperate property and GLEN W. DAVIDSON, a married man dealing with his sole and seperate property, as equal tenants in common, the Grantors, do hereby grant, bargain, sell and convey unto RUSSELL D. HUNEMILLER and KAREN HUNEMILLER, husband and wife and WILLIAM and JOANN STUHR, husband and wife, the Grantees, as tenants in common, whose complete mailing address is 282 W. Parliament Court, Boise, ID 83706, the following described premises located in Ada County, State of Idaho, to-wit: All as more particularly set forth on Exhibit "A" to this Warranty Deed, which Exhibit "A" is incorporated herein as if set forth in full. TOGETHER with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all estate, right, title, and interest in and to the property, as well in law as in equity, of the Grantor, but subject to rights reserved in federal patents, state or railroad deeds, building or use restrictions, building and zoning regulations and rights of way and easements established or of record and current year taxes. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees, their heirs and assigns forever, and the said Grantors do hereby covenant to and with the said Grantees, that they are the owners in fee simple of said premises; that said premises are free from all encumbrances except as stated above in this Deed. Grantors further covenant and agree that they warrant and defend the same from all lawful claims whatsoever except as set forth above. nn l 0 ~8 /99 ~ ~1.~.~ (Date) JOAN D. PRIEST 9152563 ~~~~~ GLE~VIDSON A D A C O U is l Y. i ~. fPbR~EER TITLE CO. 4~ /~ Q, y J. DAVID tdA~lARRO /~,~ By AN PRIEST ~t2o~9- RECORDER BY./~L~~~. Hi Attorney in Fact 9~~ wA~~rYl~E~~ 3 133 STATE OF IDAHO County of Ada ss: -~ On this /~/ day of September, 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared JOAN D. PRIEST, known or identified to me to be the person whose name is subscribed to the within and foregoing instrument and acknowledged to me that she executed the same. IN affixed my written. I have hereunto set my hand and the day and year first above • Q 0 ~ o e.... 7 o . N :: STATE OF IDAHO County of Ada ss: ~~~ NOTA Y PUBLIC for Idaho Residing at d~~~-+-~ My Commission Expires: 5 -~, rj'3 On this ~ day of September, 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared JOAN D. PRIEST, known or identified to me to be the person whose name is subscribed to the within instrument as attorney in fact of GLEN W. DAVIDSON, and acknowledged to me that she subscribed the name of GLEN W. DAVIDSON thereto as principal, and her own name as attorney in fact. IN WITNESS WHEREOF, affixed my o~,~,i,ci,~l seal written. ~~~.~``P ?~ ~~,, ,~ JR e.e..~a~p ~?~, ~- ~` .~ °~., Mme o = Q G. c q =a• r • O N P ~,: I have hereunto set my hand and the day and year first above NOTARY PUBLIC f,Dr Idah Residing at 47-u-~-~- My Commission Expires: S-3a_fr-'3 WARRANTY DEED - 2 EXHIBII~ A, 1'IfE SOUTHWEST QUAJ2'I'EF2 OF TILE SUUTIIFIEST Q[)AR'rI''R OF SECTION 2, TOWNSHIP 3 riUR'1'H, RANGE ). WEST, BOISL•' MERIDIAN, ADA COUNTX, 1' DAI l0 . EXCEPT RIGIrl' OF 1dAY FUF2 CHERRX LANE AND '1'Eri i•LxLE ROAD OVER THE SOUTIi AND WEST ROIJNDARIES ~ AND EXCEPT: THIS PARCEL IS A FOR'1'ION OF THE.. SOUT1ISdEST QUARTER OF THE SOUTFIWES'P QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, FLANGE 1 WEST OF TlIE 130ISF. MERID7hN A1ID IS 21CRE PARTICULARLY DESCRIBEU AS FOLLOWS: DEGINNING AT TILE SOUTIWEST CORNER OF SAID SUUTII4IEST QUARTER OF THE SOUTHWEST QUARTER; TIiENCE NORTiI 0' 19' 07" EAST A1,ONG TIIF. WESTEIU,Y DOUNUARY OF SAID SOUTHWEST QUARTF,R UP T'Iik: SOU'CLII4EST QUARTER A DISTANCE OF 345.50 FEET; T7IENCE SOUTH 8A'3$'31" T'AST PAI:ALLEL WITH THE 5UUTIIERLY BOUNDARY OF SAID 5UUTIiWIiST QUARTER OF TtLE SOU'I'IiWb;S'f QUARTL•'R A DISTANCE OF 417.50 FEET; TItENCE SOUTH 0.19'07" taEST F,~.I2T.LLEL wITli '1'!iI' SAID WESTERLY F30UNDARY A UISTAliCE OF 3~t5.50 FEET TO k POINT ON SAID SOU'1'1IERI,X DOUNDARY; TI[1sNCE NORTH f3II'7U'J1" WF:S'1' A Ul'>'fANCE OF 417.50 FE.F.T TO TIIE POINT OF 1)I;GINNING. ALSO EXCEPT: TI{IS PARCEL IS A PORTION OF THE. SOUTIiWEST QUT.R'rF.'R O1' T1iE SOUTHWEST QIIRI2TER OF SECTION 2, TOY7i1SIIIP 3 NORTH, RA?iGE I WEST OF TFIE DOISE MERIDIAN, ANU IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONIIdENCING AT 'I'tIE 50U'TFIWF.ST CORDER OF SASD SoUTI1W7;ST QUARTER OF THE SOUTHWEST QUAF2TER; 'I'IIENCE NORTH 0'19'07" CAST ALONG THE WESTERLY. (iOtJNDAItY OF SAID SOUTHWEST QUAI2TIiR OF 'i'fIE SOU'ftIWE S1' QUARTER A DISTANCE OF 345.50 FEET' TO TFIE TRUE POINT OF BEGINNING; TI~NCE CGNTINUING 1IORTH 0'19'07" EAST ALONG SAID EASTERLY BOUNDARX A DISTANCE OF 167.00 FEET; THENCE SOUTH 08.38'31' FAST PARAL[,EL WI7'Ii TEiE SOUTilEI2LY LOUNDAP.Y OF SAID SOUTHWEST QUARTER OF 17IE SOU'fIIWF.ST QUARTER, A DISTANCE OF 417.50 FEET; 171ENCE SOUTIi 0' ].9' 07" WEST PAF2AL,I,EL WITiI TFiE SAIn WESTERLY BOUNDARY A DISTANCE OF 1G7.OU FEET; TIiENCE NoRTIi 88'3II':.il" WEST A DISTANCE OF 417.50 F~2~T TO TRY: TRUE POINT OF BEGINNING. • iF , ]~Slil~t ]SIi y. YEN i i ~ ;; ~ 6i fi Tp { ~ i 3 ....og. ~ I~ {~l~dls~~l~t~ . , t ..~:' of © o ® i o e g® la~ I ~ ' m' ~R o ~ o ~k 9 I to ~I ~ o 'o ~ u~- ® ~~ o I ;o. F ®~. . u[ltl1 .uL ~ O ® ,O 'O , Q O ' i $~ ~: :._ 7L.iT q1 G7a~1 INSTRUMENT S0. SURVEY N0. NAME OF SURVEY FF SURVEYOR V ~`~S sL-Bnn~ISION NartE ~u~ ~u~T PLnT L~.o~• / ^ BOOK~_PAGE 57 THRU .5~~00 t.T ~.l'~ ~. w. u. AT THE REQUEST OF ~U -"•' " COMME\TS 9170709 ADA COUNTY, I D. FOR _, J. DAVID NAVARRO / RECORDER BY~ l l •~ '91 DEG 12 P(~ 2 Q9 ~ ~ SUPPLEMENTAL 1 DECLARATION OF PROTECTIVE RESTRICTIONS AND COTENANTS SUNBURST N0. 1 SUBDIVISION • KNOW ALL MEN BY THESE PRESENTS, That the undersigned certify and declare: Russell Hunemiiler & Willi an Stuhr is the owner in simple of the following described real property, located County, Idaho. All of the lots in Sunburst No. 1 Subdivision, according to the official plat thereof, on file in the office of the County Recorder of Ada County, State of Idaho, as shown by Book of Plats at Pages and records of Ada County, Idaho. II That all of the real property and all lots, parcels or tracts thereof, and any conveyance describing all or any part thereof, either by reference to the official plat of said subdi- vision or by a number of designations therein, or otherwise, shall be subject to the restrictions, covenants, reservations, and conditions therein expressed and set forth, and that by the acceptance of such conveyance , assignment, or transfer of inter- est, the grantee or grantees and their heirs, executors, adminis- trators, successors, and assigns and each of them, agree with other as to the property so described or conveyed in or by such conveyance, as follows: (a) ANNEXATION; Where "annexation" is referred to in this document, it shall mean and refer to the process by which addi- tional tracts or parcel of real property are made part of Sun- burst Home Owner's Association, Inc. and this Declaration of Protective Restrictions and covenants. (b) ASSOCIATION; Where "Association" is referred to in this document, it shall mean and refer to the Suburst Home Owner's Association, Inc., and Idaho non-profit corporation, its succes- sors and assigns. (c) BUILDING RESTRICTIONS; All lots in said subdivision shall he known and described as residential lots and be restrict- ed to single family dwellings which shall include, but not be limited to, any dwelling in which eight (8) or fewer unrelated mentally and/or physically handicapped persons reside; and which is supervised by no more than two (2) of such resident staff residing in the dwelling at any one time, provided State of Idaho SUNBURST N0. 1 SUBDIVISION DECLARATION OF PROTECTIVE COVENANTS 1 approval has been obtained. No structure shall be erected upon any residential building site other than residential dwellings and accessory buildings, none of which shall exceed two (Z) stories in height, all roofs same color. (d) TYPE OF BUILDING; All buildings shall be of frame, stone, brick, concrete, or block construction and if other than brick or stone, shall be finished and painted and kept in good repair, and said property shall be used in such manner as to be inoffensive to any other property owners thereof. all building plans shall be approved by the Architectural Control committee. No moving of prebuilt homes into subdivision will be allowed. (e) MINIMUM BUILDING SIZE; All residential buildings erected upon said property shall have a minimum floor area as designated on the official plat (exclusive of garages, carports, patios, breezeways, storage rooms, porches and similar struc- tures), and a minimum of a double-car garage is mandatory for each single-family unit. (f) BUILDING LOCATION; No dwelling house, garage, nor any part thereof, nor any other structures (exclusive of fences and similar structures) shall be placed nearer than twenty (20) feet to the front nor nearer than fifteen (15) feet to the rear of the building site on which it is located, No building foundation or wall shall be erected with less than a five (5) foot side yard, per story, on either side of the house; except, buildings on corner lots shall be at least twenty (20) feet from both streets. For the purpose of this covenant, eaves, steps and gutters shall not be considered as a part of the building; PROVIDED, HOWEVER, that this shall not be construed to permit any portion of a building or any site to encroach upon any other site. Where it is architecturally possible, it is recommended that all garages be incorporated in and made a part of the dwelling house. (g) BUILDING SITE; A building site shall consist of a minimum of :1) One (1) of the residence tracts as platted in said plat, and as described in a deed or conveyance; or 2) a parcel composed of portions of one (1) or more such residence tracts, the depth and frontage of said parcel shall equal or exceed the depth and frontage of platted residence tracts as platted in the same block, with the minimum dimensions and area being in confor mance with the requirements of subdivision and zoning ordinances effective at that date. (h) MOOING OF BUILDINGS CONSTRUCTION OF OUTBUILDINGS; No building or structure or prebuilt home shall be moved onto said real property from any land outside of said plat. No trail- er houses shall be parked in any street or within building set- back SUNBURST N0.1 SUBDIVISION DECLARATION OF PROTECTIt,E CObENANTS 2 lines. no trailer, basement, tent, shack, garage, barn or other outbuilding erected on a tract shall be at any time used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted. No building of any kind shall be erected or maintained on a building site prior to the erection of the dwelling house thereon, except that a garage or other similar small building of permanent construction may be erected for the purpose of storing tools and other articles prior to the erection of a permanent dwelling. (I) PROSECUTION OF CONSTRUCTION WORK; The construction of the dwelling and associated structures shall be prosecuted dili- gently and continuously from time of commencement thereof until such dwelling and associated structures are fully completed and painted. All structures shall be completed as to external ap- pearance, including painting, within eight (8) months from the date of commencement of construction, unless prevented by causes beyond the control of the owner or builder and only for such time as that cause continues. (j) OIL AND MINNING OPERATIONS; Na oil drilling, ail development operations, oil refining, quarrying or mining opera- tions of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erect- ed, maintained or permitted upon any lot. (k) EXCAbATION, DEFACING OF LANDSCAPE, DITCHES; No excava- tion for stone, sand, gravel, earth or minerals shall be made upon a building site unless such excavation is necessary in connection with the erection of an improved structure thereon. No irrigation drain or waste water shall be permitted to flow in open ditches to or on any lot in said subdivision. (1) REFUSE DISPOSAL - MATERIAL STORAGE;P No machinery, appliance, or structure or unsightly material, or junked or dilapidated vehicles or automobile parts may be stored upon any piece, parcel or portion of said subdivision. No trash, garbage, ashes, or other refuse may be throw, dumped or otherwise disposed of upon the real property. No building materials shall be placed upon the building site until the Grantee or builder is ready and able to commence construction, and then such materials shall be placed within the property line of the building site upon which the structure is to be erected. The undersigned shall have the right to enter upon any vacant building site for the purpose of burning or removing weeds, brush, growth or refuse. SUNBURST SUBDIVISION DECLARATION OF PROTECTIVE COTENANTS 3 (m) FENCES - HEDGES; No fence, hedge, berm or boundary wall situated anywhere upon any building site shall have a height greater than that allowed by the local controlling ordinance, but in no event shall it be greater than six (6) feet in height, behind the building front or side street setback lines, above the finished graded surface on the street side sidewalks or the ground upon which such fence, hedge, berm, or wall is situated, except, if on a berm the height of the berm shall be deducted from the otherwise allowed height. No fence, hedge, berm, or wall shall be constructed in front of the front side street setback lines greater than four (4) feet in height if open chain link fence or three (3) feet in height if solid fence; except, if on a berm the height of the berm shall be deducted from the allowed height of the fence, No fence, berm, wall, hedge or shrub planting which obstructs sight lines at elevations between there (3) and eight (8) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points thirty (30) feet from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within ten (70) feet from the intersection of a street property line within the edge of a driveway, or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is main- tained at sufficient height to prevent obstruction of such sight line. (n) NOXIOUS USE OF PROPERTY - SPITE FENCES; No portion of the real property nor of a building site nor any structure there- on shall be used for the conduct of any trade, business or pro- fessional activities. Noxious or undesirable acts, or undesira- ble use of any portion of the real property is prohibited and shall not be permitted or maintained. The determination of the undersigned owner that any activity or use is undesirable or noxious shall be conclusive upon all parties. The construction or maintenance of a spite fence or spite tree shall be prohibited upon any building site. The determination by the undersigned owner that any wall, fence, hedge, or tree falls within the latter category shall be conclu- sive upon all parties. SUNBURST SUBDIVISION DECLARATION OF PROTECTIVE C04ENANTS 4 (o) GENERAL APPEARANCE AND NEATNESS OF PROPERTY; No recre- ational vehicles nor other vehicles larger than a three-quarter- ton pickup shall be parked on any lot in SUNBURST SUBDIVISION nearer the street than the front line of the dwelling, or in the street right-of-way. For the purposes of the Protective Restric- tions and Covenants, recreational vehicles shall include, but not be limited to; boats, campers, motor homes, snowmobiles, motorcy- cles and race cars. All maintenance work performed on the above vehicles or personal automobiles shall be done inside the garage with the doors closed. No vehicle shall be parked in the street for a period of time exceeding twenty-four (24) hours at a time. All Grantees in Sunburst Subdivision shall maintain their property in a neat and orderly fashion. Landscaping must be planted within three months from the time the dwelling is occupied and must be maintained and watered. All Grantees shall maintain the dwelling in good repair and appearance and shall not allow the buildings, fences, landscaping or any other part of the property to have a shoddy appearance as determined by the majori- ty of Grantees. (p) BILLBOARDS- SIGNS; No sig of any kind shall be dis- played to the public view on any residential building site except one sign of not more than five (5) square feet advertising the property for sale or rent or signs used by a builder to advertise the property, during the construction and sales period. (q) ANIMALS; No livestock, excepting dogs and cats, shall be permitted at any time upon the real property of the subdivi- sion. Dogs and cats are permitted only as pets, and no boarding or commercial enterprises will be permitted where such animals exceed in number that listed in the City of Meridian Ordinance. III That no building shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control committee, hereinafter designated, as to quality or workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevations. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved, as provided in Paragraph IV hereof. SUNBURST SUBDIVISION DECLARATION OF PROTECTIVE CObENANTS 5 As to all improvements, construction, and alterations upon building sites, the Architectural Control Committee shall have the right to refuse to approve any design, plan, floor area or color for such improvements, construction or alterations which is not suitable or desirable in the opinion of a majority of said Committee, for any reason, anesthetic or otherwise, and in so passing upon such designs the Committee shall have the right to take under consideration the suitability of the proposed building or other structures, and the material of which it is to be built and to the exterior color scheme, to the site upon which it is proposed to be erected, the harmony thereof with the surroundings and the effect of the building or other structure or alterations therein as planned on the outlook of the adjacent or neighboring property, and the effect or impairment that said structures will have on the view on surrounding building sites, and any and all factors which in the opinion of a majority of the Committee shall affect the desirability or suitability of such proposed struc- ture, improvement or alteration. Actual construction shall comply with the plans and specifications as approved and shall not commence prior to th receipt of the written approval or expiration of the time period provided herein for the granting of such approval, by the Architectural Control Committee. IV The Architectural Control Committee is composed of William Stuhr, 2890 w. Cherry Lane, Meridian, Idaho 83642: Russell D. Hunemiller, 282 W. Parliment Court, Boise, Idaho 83706. A major- ity of the Committee may designate a representative to act for it. In the event of the death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. Neither the members of the Committee, nor its designated representative, shall be entitled to any compensa- tion for services performed pursuant to this covenant. At the time one-hundred (100) percent of the building tracts, or lots, in Sunburst subdivision have been initially occupied, the then owners of the building tracts, or lots, shall elect resident property owners as the members of the Architectural Control Committee, to replace those persons, or their replacements, named above. Such election may be by a general meeting or a written ballot circulated to all residents, with the three persons re- ceiving the most votes deemed elected. A written instrument setting forth the results of the election shall be duly recorded in the office of the Recorder of Ada County, Idaho. At any time thereafter, the then record owners of a majority of the lots as 'shown on the plat of Che subdivision shall have the power through a duly recorded instrument to change the membership of or to withdraw from the Committee or restore to it any of its powers and duties. No member of this Committee duly appointed or elect- ed shall incur liability by reason of any act or omission in exercising the duties herein established for such Commmittee. SUNBURST SUBDIVISION DECLARATION OF PROTECTIVE COTENANTS 6 That the Architectural Control Committee's approval or disapproval as required in these covenants shall be in writing. In the event the Committee, or its designated representative, fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it approval will not be required of such Committee and the related covenants shall be deemed to have been fully complied with. VI (a) That the owner of said real property, herein above described, reserves unto itself, its successors and assign, or for public dedication by the owner, its successors and assigns, a ten (10) foot right-of-way across and along the street lines of all lots and a ten (10) foot right-of-way along the rear lot lines of each said lots, for the purpose of. construction water mains, electric distribution lines, irrigation ditches, sewer lines, gas pipelines, and such other public utilities as shall be necessary, convenient and desirable for the Grantees and owners of said lots and parcels hereforth: this reservation being in- tended to provide an easement Twenty (20) feet wide centering on the rear lot line of each lot. The easement area for each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. Within these easements, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of water through drainage channels in the easements. (b) An easement is hereby granted to the Idaho Power Compa- ny, a corporation, its licensees, successors and assigns, a permanent and perpetual easement and right-of-way, sufficient in width to install and maintain an underground electric power line, including the perpetual right to enter upon the real estate hereinafter described, at all reasonable times, to construct, maintain and repair underground power lines, through, under and across said lands, together with the right, at the sole expense of the Idaho Power Company, to excavate and refill ditches and trenches for the location of said power line, and the further right to remove trees, bushes, sod, flowers, shrubbery, and other obstructions and improvements interfering with the location, construction and maintenance of said power lines on and across the following premises belonging to the said owner in Ada County, State of Idaho, in the following location, to wit; SUNBURST SUBDI4ISION DECLARATION OF PROTECTIVE CObENANTS 7 IN SUNBURST SUBDIbISION, Ada County Idaho, a strip of land ten (10) feet wide, five (5) feet on each side of the boundary line of the actual building site, running from the street right- of-way or utility easements as shown on the plat to a point or points on said boundary line which are directly opposite from the electrical service entrance facilities on the buildings con- structed on the building sites on each side of the boundary line; thence, strips of land each ten (10) feet wide, one (1) on each building site running directly from said point or points of the boundary line to the corresponding opposite electrical service entrance facilities on the buildings constructed on said building sites. The actual building site may be a lot as shown o Sunburst Subdivision plat or a combination of portions of lots intended to comprise a building site. (C) The Architectural Control Committee, hereinabove desig- nated, shall constitute a committee, subject t the aforementioned ordinances and rules and regulations of the various Planning and Zoning Commissions have jurisdiction, to determine and designate the location upon such easements of all Irrigation ditches, pole lines, sewer lines, and other public utilities' distribution lines, which designation shall be effective to vest the right to utilize such easement areas. This Committee shall exist in perpetuity, and in the event of vacates by resignation or death, the remaining members of the Committee shall fill such vacancy by appointment of an owner of property within this subdivision to such Committee. LII SUNBURST SUBDIVISION HOMEOWNERS ASSOCIATION, INC. The Association is formed to manage and operate the pressure irriga- tion system and the surface drainage disposal system in Sunburst Subdivision. The Association has duties and obligations not covered in this Declaration, and are set forth in the Articles and By-laws of the Association recorded in the office of the Recorder of Ada County, Idaho, which by reference herein become part of this Declaration. The Association has the authority to assess the Lots for the operation and maintenance of the above mentioned system; however, the Association does not have any powers to assess the residential Lots of the Subdivision for any other purpose whatsoever. SUNBURST SUBDIVISION DECLARATION OF PROTECTIVE CObENANTS 8 VIII ANNEXATION; As set forth in the original documents on file in the Office of the Ada County Recorder, Boise, Idaho, addition- al property may be annexed to Sunburst Homeowner's Association, Inc. and brought within the provisions of the Association at any time, and from time-to-time without the approval of any Owner or the Association by recording a Supplemental Declaration of Pro- tective Restrictions and Covenants with respect thereto, which shall annex such property to Sunburst Homeowners's Association, Inc. and which may supplement the original Declaration with additional or different covenants, conditions, restrictions, reservations and easements as the Grantor may deem appropriate therefor, and may delete or modify as to such annexed property such covenants, conditions. IX That these Protective Restrictions and Covenants shall run with the land described herein and shall be binding upon the parties hereto and all successors in Title or Interest to said real property or any part hereof, for a period of twenty (20) years from the date this document is recorded, at which time said Protective Restriction and Covenants shall be automatically extended for successive periods of ten (10) years unless the owner or owners of the legal title to not less and two-thirds (2/3) of the platted residence tracts or platted lots, by an instrument or instruments in writing, duly signed and acknowl- edged by them, shall then terminate or amend said Protective Restrictions and Covenants, and such termination or amendment shall become effective upon the filling of such instrument or instruments fur record in the office of the Recorder of Ada county, Idaho. Such instrument or instruments shall contain proper references by volume and page numbers to the record of the plat and the record of the Declaration in which these Protective Restrictions and Covenants are set forth and all amendments here- of. X That should any Grantee violate or attempt to violate any of the provisions of these Protective Restrictions and Covenants, any other person or persons owning any real property embraced in the said subdivision plat shall have full power and authority to prosecute any proceedings at law or equity against the person or persons violating or attempting to violate any of the said Pro- tective Restrictions and Covenants, and either to prevent him, or her, or them from so doing or to recover damages sustained by reason of such violation. SUNBURST SUBDIVISION DECLARATION OF PROTECTIVE COTENANTS 9 xI That the invalidation of any provision, sentence, or para- graph contained in these Protective Restrictions and Covenants by Judgment or court order shall in no way affect or invalidate any of the other provisions, sentences, or paragraphs of said Protec- tive Restrictions and Covenants, but the same shall be and remain in full force and effect. IN WITNESS WHEREOF, the undersigned have hereunto caused their names to be subscribed this day of ,1 1991 . A Partnership Russell D. Hunemiller William Stuhr STATE OF IDAHO ) ss COUNTY OF ADA ) Karen Hunemiller ann a~unr On this day of , 1991, before me, the undersigned Notary Public in and for the State of Idaho, person- a11y appeared Russell D. Humemille, and Karen Hunemiller know to be husband and wife and William Stuhr and Johann Stuhr know to be husband and wife and known to me to he the partners of whose names are subscribed to the within document, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho My commission Expires SUNBURST SUBDIVISION DECLARATION OF PROTECTIVE COTENANTS 10 4 • CODE OF BY-LAWS OF SUNBURST HOMEOWNERS ASSOCIATION, INC. ARTICLE I - PRINCIPAL BUSINESS OFFICE The principal business office of the corporation in the State of Idaho shall be located at 2890 Cherry Lane Meridian, Ada County, Idaho 83642. The corporation may have such other of- fices, either within or without the State of Idaho, as the Board of Directors may from time to time designate. ARTICLE II - MEMBERS A. Eligibility for Membership The number of Members of this corporation, and the qualifications for their membership, shall be as set forth in the Articles of Incorporation. B. Annual Meetings. An annual membership meeting shall be held on the second Monday of the month of January during each calendar year, unless the Board of Directors shall fix a differ- ent date. The place of the meeting shall be at the principal business office of the corporation, unless the Board of Directors shall fix a different place. Written notice of the time and place of the annual membership meeting shall be given to each Member, by regular United States Mail, at the last address of such Member as shown on the books and records of the corporation, not less than ten (10) days prior to the date of such meeting. The necessity for written notice of the meeting may be waived by unanimous consent of all Members. C. Special Meetings. Special meetings of the membership may be held at any time upon request of the Board of Directors, any officer of the corporation, or by Members holding the right to cast not less the Ten (10) votes at membership meeting of the corporation. Any such request shall state the purpose for which the special membership meeting is desired to be held. Written notice of the time and place of a special membership meeting shall be given to each Member, by regular United States Mail, at the last address of such Member as shown on the books and records of the corporation, not less than ten (10) days prior to the date of such meeting. The notice of the meeting shall include a statement of the purpose of the meeting, as set forth in the request for the meeting. The necessity for written notice of the meeting may be waived by unanimous consent of all Members. D. Other Provisions Relatin to Meetin s Membership meet- ings may also be called and held in any manner prescribed or permitted by paragraph 30-310', Idaho code. CODE OF BY-LAWS 1 11/5/91 E. Voting. voting rights, and qualifications for voters, at any annual or special membership meeting, shall be as set forth in the Articles of Incorporation. Members may vote in person or by proxy executed in writing by the Member designating the proxy. All proxies must be filed with the Secretary of the corporation not later than the commencement of the meeting as which such proxy intends to vote for a Member. No proxy shall be valid more than eleven months after it date of execution. All co-owners of a single lot may collectively cast only one (1) vote, in the manner determined by a majority in interest of such co-owners. ARTICLE III - BOARD OF DIRECTORS A. Number and qualifications. The number of Directors of this corporation shall be determined from time to time in the manner set forth in the Articles of Incorporation. B. Election: Term of Office. Directors shall be elected at each annual membership meeting. Directors shall serve a term of office of one (1) year from the date of their election, and upon expiration of their term of office shall continue to serve as Directors until their respective successors have been duly elect- ed and qualified. Directors may by removed from office by not less than an 80°d majority vote at any special membership meeting called for such purpose. C. Meetings. Regular meetings of the Board of Directors shall be held as determined from time to time by Resolution of the whole Board of Directors. Special meetings of the Board of Directors may be called by any members thereof, upon not less than five (5) days' advance notice to each of the other members. Such notice shall be sufficiently given when mailed, postage fully prepaid, to the last known address of such director as the same director as the same shall appear upon the books and records of the corporation. The necessity for formal notice of any special meeting may be dispensed with by unanimous consent of the whole Board of Directors, at any time affixed to the Minutes of such special meeting. A simple majority of the directors shall constitute a quorum for the transaction of regular business at any meeting of the Board of Directors. D. Vacancies. Vacancies in the Board of Directors result- ing from death, resignation, or removal from office of a Direc- tor, shall be filled by a majority vote of the remaining Direc- tors. Any person so appointed to fill a vacancy shall serve until the next annual membership meeting, and until his or her successor has been duly elected and qualified. CODE OF BY-LAWS -2 11/5/91 • ARTICLE IV - OFFICERS OF THE CORPORATION A. Election: Terms of Office. All officers of the corpora- tion shall be elected by the Board of Directors, and their terms of office shall be prescribed by the Board of Directors. Offi- cers shall be elected at the first regular or special meeting of the Board of Directors following each annual membership meeting. Any officer may be removed from office at any time by the Board of Directors. The vote of a simple majority of the Directors present and voting at any regular or special meeting of the Board of Directors shall be sufficient for election or removal of officers to be elected or removed. 8. Duties and Responsibilities. The powers. duties and responsibilities of the officers of the corporation shall be as hereafter set forth, unless modified from time to time by Resolu- tion of the Board of Directors. 1. The President. The president shall be the chief executive officer of the corporation, and shall have general supervision of the other officers. The President shall preside at all meetings of the Members and of the Board of Directors and see that all orders and resolutions of the Board are carried into effect; subject, however, to the right of the Board to delegate to any other officer or officers of the corporation any specific powers, other than those that may be by law conferred only upon the President. The President shall execute in the name of the company all deeds, bonds, mortgages, contracts and other docu- ments authorized by the Board of Directors, except in cases where the execution thereof shall be expressly delegated by the Board to some other officer or agent of the corporation. The President shall have the general powers and duties of supervision and management usually vested in the office of President of corpora- tion. 2. Vice President. A vice president shall perform the duties and exercise the powers of the President in case of the President's illness, disability or temporary absence from the office of the corporation and shall perform such other duties as may from time to time be granted or imposed by the Board of Directors or the President. 3. The Secretary. The secretary shall attend all sessions of the Board and all meeting of Members held at the office of the corporation and act as clerk thereof and record all votes and the minutes of all proceedings in a book to be kept for that purpose. The Secretary shall give, or cause to be given, CODE OF BY-LAWS - 3 11/5/91 notice of meetings of the Members and of the Board of Directors when notice is required to be given under these By-Laws or any Resolution of the Board. The Secretary shall have custody of the seal of the corporation and shall affix and attest the seal to all authorized documents requiring a seal and shall in general perform the duties usually incident to the office of secretary, and such further duties as shall from time to time be prescribed by the Board of Directors or the President. 4. The J,reasurer. The treasurer shall keep full and accurate accounts of receipts and disbursements in books belong- ing to the corporation, and shall deposit all monies and other valuable effects in the name and to the credit of the corporation in such banks and depositories as may be designated by the Board of Directors. The Treasurer shall disburse the funds of the corporation as may be ordered by the Board, taking proper vouch- ers for such disbursements, and shall render to the President and directors at the regular meetings of the Board, and whenever they may require, accounts of all transactions as treasurer and of the financial condition of the company. The Treasurer shall perform the duties usually incident to the office of the treasur- er and such other duties as may be prescribed from time to time by the Board of Directors or the President. The office of Treas- urer may be filled by the same person as the person holding the office of Secretary. ARTICLE ~ - PRESSURE IRRIGATION AND SURFACE DRAINAGE FACILITIES A. Facilities To Be Owned Operated and Maintained by Asso- cration The facilities to be owned, operated and maintained shall comprise the pressure irrigation system and the surface drainage disposal system shown on the official Plats of Sunburst Subdivision, and the construction drawings for the said Subdivi- sion, according to the official plats thereof filed, or to be filed, in the office of the County Recorder of Ada County, Idaho. The initial subdivision filed for record will be Sunburst no. 1 Subdivision, with additional property to be annexed to this Corporation by filling for record of plats and additional Decla- ration of Protective Restrictions and Covenants referencing this Corporation. This corporation shall acquire ownership of said facilities from the Developer, and present owner, of said Sun- burst Subdivision, whose Declaration of Protective Restrictions and Covenants reference this Corporation, and shall use, operate, and maintain the same in the following manner and for the follow- ing purposes, together with any other manners and purposes, from time to time deemed necessary of desirable by the Board of Direc- tors: CODE OF BY-LAWS -4 11/5/91 1. This corporation shall maintain all pressure irri- gation and surface drainage Facilities, including pump house, access road, piping, valves, pumps, wells, electrical pump serv- ice, sand/grease drainage separation boxes, seepage beds for drainage, drainage overflow piping, storm drainage piping, man- holes, and any other appurtenances for the systems, which are now or may hereafter by lawfully installed upon said lots, and may add to or modify the same as the Board of Directors shall from time to time deem necessary or desirable for the use and benefit of its members. This corporation shall also be responsible for scheduling the use of the pressure irrigation system by the members, as the system is not capable of serving all of the lots at one time with irrigation water of adequate pressure. 2. Representatives of the corporation shall have permanent access rights to the portions of all lots in the subdi- vision required for the purpose of maintaining and operating the pressure irrigation and surface drainage facilities. The repre- sentatives of the corporations shall also have the right to excavate over, and in the vicinity of, the facilities for the purposes of maintenance, repair, or improvement of the facili- ties. Public authorities shall also have access to the facilities when deemed necessary for maintenance, inspections, observations, testing, or investigations of the facilities. 3. In the event excavation is required for the opera- tion and maintenance of the facilities, representatives of the r_orporation shall take due rare to disturb as small amount of land as possible and replace the soil excavated in a neat and workmanlike manner; however, the lot owner shall be responsible far the replacement of any and all landscape items that may be disturbed or destroyed. 4. This Corporation shall pay all taxes and assess- ments which may from time to time be levied upon or against the said pressure irrigation and surface drainage facilities. 5. This corporation may establish reasonable Rules and Regulations governing the operation of the pressure irrigation system and surface drainage system and may modify such Rules and Regulations from time to time. A copy of such Rules and Regula- tions, and all amendments thereto, shall be furnished to each Member promptly upon adoption thereof. ARTICLE LI - INSURANCE The corporation shall procure and make payment of premiums upon casualty and other types of insurance covering improvements to said pressure irrigation and surface drainage facilities owned CODE OF BY-LAWS -5 11/5/91 by the corporation, and public liability insurance covering occurrences in, on, and about the areas and facilities owned by the corporation, covering such risks and in such policy limits as the Board of Directors is expressly authorized to decline to insure certain risks if in the discretion of the Board of Direc- tors the procurement of insurance covering such risks is not economically feasible or practicable for the corporation. ARTICLE VII - ASSESSMENTS A. Purpose of Assessments. Members shall be subject to assessment far the purpose of paying the costs of administration and operation of the corporation, and for the purpose of paying the costs of the services provided by the corporation to its Members. There shall be two types of assessments: (1) Mainte- nance and Operation Assessments; (2) Tax and Insurance Assess- ments. B. Maintenance and Operation Assessments At least annual- ly, the corporation's Board of Directors shall fix a Maintenance and Operation Budget, to provide funds for the payment of the estimated costs of operating and maintenance cost for the corpo- ration's facilities, together with any administrative expenses of the corporation. The budget may be adjusted from time to time as necessary in consideration of actual cost experience. Reasonable reserves for future expenses may be included in the budgets. Each Lot shall be apportioned an equal share of the total annual assessment. The amount of monthly Maintenance and Operation assessment with respect to each Lot shall be 1/12th of the annual Maintenance and Operation assessment for such Lot. The Member of Members who own each Lot on the first day of each calendar month must pay the monthly Maintenance and Operation assessment with respect to such Lot for said calendar month. The Board of Direc- tors, upon vote of the Members, may allow payments quarterly, rather than monthly. C. Tax and insurance assessments Real estate and personal property taxes, and irrigation taxes, assessments, and charges payable by the corporation, and the costs of all casualty and public liability insurance carried by the corporation, shall be apportioned equally among the Lots as billings for such charges are received by the corporation. Tax and Insurance Assessments must b paid prior to the date the corporation is required to make payment of such expenses. The Board of Directors, upon vote of the Members, may allow these payments to be amortized in monthly or quarterly payments, as made for the Maintenance and Operation Assessments. CODE OF BY-LAWS -6 11/5/91 D. Payments of Assessments. Initial Assessments shall be payable at the rate of Ten Dollars ($10.00) per month for each residential lot, beginning at the time the Lot is sold by the original Developer, and payable at such times and intervals as may be designated by the Board of Directors in its notification t Members of the amounts assessed. Any Assessment which shall not have been paid within fifteen (15) days following the due date thereof shall be deemed delinquent. For good cause the Board of Directors may extend the foregoing time limitation. Unpaid as- sessment constitute a lien upon any Lot or Lots owned by the Member whose assessments are unpaid, and may be enforced by foreclosure as provided in the Articles of Incorporation. In the event any such foreclosure proceeding is required, the corpora- tion shall be entitled to recover its reasonable attorney fees and costs of suit in addition to the amount of the unpaid assess- ment or assessments. William Stuhr 2890 Cherry Lane, Meridian, Idaho 83642 IN WITNESS WHEREOF, I have hereunto set his hand on the day of 1991. STATE_ OF IDAHO ) ss COUNTY OF ADA ) On this day of , 1991, before me, the under- signed, a Notary Public in and for said State, personally ap- peared C.L. Hunemiller known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, on the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho Comm. Expires ARTICLES OF INCORPORATION OF SUNBURST HOMEOWNERS ASSOCIATION, INC. WE, THE UNDERSIGNED, all being natural persons of full age, legally competent to enter into contracts, and citizens of the United States of America, do hereby voluntarily associate our- selves for the purpose of forming a nonprofit corporation under the provisions of Title 30, Chapter 3, Idaho Code and do hereby adopt the following Articles of Incorporation: ARTICLE I - NAME The name of this corporation shall be: SUNBURST HOMEOWNERS ASSOCIATION, INC. ARTICLE II - REGISTERED OFFICE AND AGENT The street address of the initial registered office of this corporation and the name of its initial registered agent at such address are as follows: 2890 Cherry Lane, Meridian, Idaho 83642 Agent: William Stuhr ARTICLE III - PURPOSES The nature, objects, purposes, and powers of this corpora- tion are as follows: A. This corporation is a nonprofit corporation, as such term is defined in -305, Idaho Code. It does not contemplate pecuniary gain or profit, and no part of its income shall at any time be distributable to its members, directors, or officers (provided, however, this provision shall not be construed to prohibit the payments of reasonable compensation for services actually rendered for the benefit of the corporation. Nor to prohibit the conferring of benefits upon the corporation's mem- bers in conformity with its purposes). It is not intended, however, that this corporation be eligible to qualify for tax- exempt status under the provisions of Section 501(c) of the Internal Revenue Code, as amended from time to time. B. The objects and purposes of this corporation are to provide for the ownership, management, maintenance, and operation of the pressure irrigation system and the surface drainage dis- posal system shown of the official Plats and construction draw- ings of SUNBURST SUBDI4ISION, according to the official plats ARTICLES OF INCORPORATION - 1 11/4/91 thereof filed, or to be filed, in the office of the County Re- corder of Ada County, Idaho, and the construction drawings to be furnished to the Association by the registered agent of the Corporation, in conformity with the requirements of the Declara- tion of Protective Restrictions and Covenants for the said Sun- burst Subdivision. The initial subdivision filed for record will be SUNBURST SUBDIbISION N0. 1 with additional property to be annexed to this Corporation by filling for record of plats and additional Protective Restrictions and Covenants referencing this Corporation. C. This corporation shall have all of the powers and au- thority granted by the Idaho Nonprofit Corporation Act and all other powers authorized or permitted to nonprofit corporations by the laws of the State of Idaho, as the same may be in effect from time to time. ARTICLES IV - MEMBERS A. This corporation shall have Members, whose rights, privileges, and voting rights shall be as provided in the By-Laws so long as not inconsistent with the following: 1. The record title owners of all or any portion of the lots in SUNBURST SUBDIVISIONS in Ada County, Idaho, accord- ing to the official plats thereof filed, or to be filed, in the office of the County Recorder of Ada County, Idaho, whose Decla- ration of Protective Restrictions and Covenants reference this Corporation, shall automatically be Members of this corporation, and membership in this corporation shall be appurtenant to owner- ship of said real property and shall run with the land thereof. 2. At all meetings of Members of this corporation, the maximum number of votes which may be cast shall be the total number of lots showing on the plats of said Subdivisions then of record in the Office of the Ada County Recorder. One (1) vote shall be allocated to each of the lots, The vote allocated with respect to each lot shall be cast in the manner determined by a majority in interest of the record title owners of such lot. Fractional votes shall not be permitted. 3. There shall be no Certificates of Membership, and evidence of ownership off record made of all or any portion of said lots according to the Official Records of Ada County, Idaho, shall constitute proof of membership in this corporation. Member- ship shall automatically transfer to the transferee of the property concurrently with transfer of a Member's record title to all or any proration of the said lots. ARTICLES OF INCORPORATION - 2 11/4/91 C. Meetings of the Members shall be held at such places and times as may be provided in the By-Laws, and may also be held in any manner prescribed or permitted by the corporation laws of State of Idaho, as amended from time to time. The presence of Members entitled to cast fifty-one (51) percent of the total eligible votes shall be sufficient to constitute a quorum, and such quorum may transact any matter of business lawfully permit- ted to be transacted at a membership meeting of an Idaho nonprof- it corporation. Except in the case of a regular annual member- ship meeting held at the place and time provided in the By-Laws, written notice of each membership meeting shall be given to each Member at the most recent address for such Member shown on the corporation's books and records, and such written notice shall be deposited in the United States Mail, postage fully prepaid not less than ten (10) nor more than fifty (50) days before the date of the meeting: provided, however, the necessity for such written notice may be waived by the unanimous written consent of all Members. D. Members o this corporation shall not be personally liable for the debts, liabilities or obligations of the corpora- tion. ARTICLE ~ - BOARD OF DIRECTORS A. The affairs of this corporation shall be managed by a Board of Directors, who need not be residents of the State of Idaho. The By-laws may require additional qualifications for Directors. B. The number of Directors to be elected for any year shall be determined by majority vote of the Members at the membership meeting at which Directors are to be elected, but the number of Directors shall not be less than three (3) unless the number of Members at the time of election of Directors shall be less than three (3), in which event the number of Directors hall be the same as the number of Members of the corporation. C. The initial Board of Directors of the corporation, who shall serve until the first annual election of Directors, shall consist of the following persons, whose addresses are as set forth below: Gary L. Hunemiller, 3955 Argonaut Avenue, Boise, Idaho 83709 Russell D. Hunemiller, 282, w. Parliment Court, Boise, Idaho 83706 ARTICLES OF INCORPORATION - 3 11/4/91 ARTICLE VI - OFFICERS The officers of this corporation shall be elected by the Board of Directors and shall serve for such terms of office as may be designated by the Board of Directors. The officers of this corporation shall be a president, one or more vice-presi- dent, a secretary, a treasurer, and any other officers or assist- ant officers as may be elected or appointed by the Board of Directors. Except for the office of President, more than one office may be held by one person. The time and manner of elec- tion of officers, and their respective authority and duties, shall be as set forth in the By-Laws, or as may be determined by resolution of the Board of Directors not inconsistent with the bylaws. ARTICLE VII - BY-LAWS The Board of Directors is authorized to adopt, amend, and repeal By-Laws of the corporation, and to provide in such By-Laws relating to the election, qualification, and term of office of Directors may be adopted, amended, and repealed by vote of the Members at any annual membership meeting, or any special member- ship meeting called for such purpose. ARTICLE VIII - DURATION The duration of this corporation shall be perpetual. ARTICLE 1X - DISSOLUTION A. This corporation may not be dissolved without the per- mission of the Ada County Highway District. If such permission is obtained, the corporation may be dissolved upon unanimous af- firmative vote of the Members present and voting at any member- ship meeting, provided written notice was given to each Member at annual Member, most present address as shown on the books and records at the corporation, not less than ten (10) days before the date of the meeting, starting that the question of dissolu- tion of the corporation was proposed to be voted upon at such meeting. B. In event of dissolution of the corporation, all of the property and assets, after payment of all debts and liabilities, shall be distributed or dedicated to a public body or conveyed to a non-profit organization with similar purposes as this organiza- tion. ARTICLES OF INCORPORATION - 4 11/4/91 ARTICLE XI - AMENDMENT The article of corporation may be amended by vote of seven- ty-five per cent (75°b) in interest of the Members present and voting at any annual membership meeting or any special membership meetings called for such purpose. ARTICLE XII - INCORPORATIONS The name and present address of the incorporation of this corporation is as follows: William Stuhr 2890 Cherry Lane, Meridian, Idaho 83642 IN WITNESS WHEREOF I have hereunto set his hand on this day of , 1991 STATE OF IDAHO) ss COUNTY OF ADA ) On this day of , 1991, before me, the undersigned a Notary Public in and for said State, personally appeared G. L. Hunemiller known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, on the day and year in this certiFicaLe first above written. Notary Public for Idaho Residing at Boise, Idaho Comm. Expires