HomeMy WebLinkAboutOne Subdivision #1 Covenants
MERIDIAN CITY COUNCIL AUGUST 6, 1991
The Regular Meeting of the Meridian City Council was called to order by Mayor Grant
Kingsford at 7:30 P.M.:
Members Present: Ron Tolsma, Bob Giesler, Bert Myers, Max Yerrington:
Others Present: Mr. & Mrs. Paul Evans, Don Evans, Jim Tallmon, Helen Campbell, Arthur
Campbell, Wayne Forrey, Scott King, Verl King, Moe Alidjani, Jack Sweet, Al Lance,
Bill Sweet, Bill Gordon, Wayne Crookston, Jim Shearer:
MINUTES OF THE PREVIOUS MEETING HELD JULY 16, 1991:
The Motion was made by Tolsma and seconded by Yerrington to approve the minutes of
the previous meeting held July 16, 1991 as written:
Motion Carried: All Yea:
ITEM #1: COVENANTS ON GEM PARK #2:
Crookston: Zs that a pressurized irrigation subdivision?
Clerk Niemann: Yes.
Crookston: I don't recall anything being in the covenants pertaining to that. Also
on page 7 dealing with fences, I think there needs to be something in there about
on street side it be maximum of 3 feet. On paragraph 9 on page 9 it deals with
conduct business, the way it is stated it would be in violation of the zoning.
The Motion was made by Tolsma and seconded by Giesler to approve the covenants on Gem
Park #2 subject to changes recommended by the attorney and City Engineer.
Motion Carried: All Yea:
ITEM #2: COVENANTS ON ONE SUBDIVISION #1:
Crookston: I have reviewed those. There is a spelling error on item 16. I don't
know if the Council wants to address this but in item 21 it talks about garage sales.
Page #4 talks about a 1200 sq. ft. interior floor, I don't think that meets with
our Ordinance.
The Motion was made by Tolsma and seconded by Yerrington to approve the covenants on
One Subdivision #1 conditioned upon the City Attorney's recommendations.
Motion Carried: All Yea:
ITEM #3: PUBLIC HEARING: VARIANCE REQUEST BY PAUL EVANS:
Kingsford: I will open the Public Hearing.
Don Evans, 1112 N. 3rd, Meridian was sworn by the Attorney.
Evans: I am also the builder on this project and will answer any questions that you
might have. This is a lot that is in old town, it is 138 ft. deep from Ada Street back
to the alley on the north end of the property. The lot is 45 ft. wide. The City has
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July 19, 1991
Tp; Mayor, Counc'
Attorney ngineer
FROM: Clerk Niemann
RECEI~'E~ E>~
CITY ENGlI~:Ee.~
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Attached you will find the Covenants for 'One Subdivision"for your
review. These will be on the August 6th Agenda for City Council.
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July 19, 1991
TO:
FROM:
Mayor,, Councilmen,
Attorney & Engineer
Clerk Niemann
Attached you will find the Covenants for 'One Subdivision"for your
review. These will be on the August 6th Agenda for City Council.
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DECLARATION
OF
COVENANTS. CONDITIONS AND
FOR
ONE SUBDIVISIO
THIS DECLARATION is made effective on the day
of 1991, by MAX A. BOESIGER, INC., and Idaho
corporation hereinafter referred to as "Declarant."
WHEREAS, Declarant is the owner of certain real property
in the County of Ada, State of Zdaho, hereinafter referred to
as the "Property," more particularly described as follows:
ONE Subdivision, Phase 1, a portion of the SW 1/4
of the SE 1/4 of Section 2, Township 3 N., Range
1 W, of the Boise Meridian, City of Meridian, Ada
County, Idaho according to the official plat thereof
recorded as Instrument No. records
of Ada County.
NOW, THEREFORE, Grantor hereby declares that the
Property and each Lot, parcel or portion thereof, is and/or
shall be held, sold, conveyed, encumbered, hypothecated,
leased, used, occupied and improved subject to the following
terms, covenants, conditions, reservations, easements and
restrictions, all of which are declared and agreed to be in
furtherance of a general plan for the protection,
maintenance, subdivision, improvement and sale of the
Property, and to enhance the value, desirability and
attractiveness of the Property. The terms, covenants,
conditions, reservations, easements and restrictions set
forth herein shall run with the land constituting the
Property and with each estate therein and shall be binding
upon all persons having or acquiring any right, title or
interest in the Property or any Lot, parcel or portion
thereof; shall inure to the benefit of every Lot, parcel or
portion of the Property and. interest therein, and shall inure
to the benefit of and be binding upon Grantor, its successors
in interest and each Grantee or Owner and his respective
successors in interest, and may be enforced by Grantor, by
any Owner or his successors in interest.
Notwithstanding the foregoing, no provision of this
Declaration shall be construed as to prevent or limit
Grantor's right to complete development of the Property and
to construct improvements thereon, nor Grantor's right to
maintain model homes, construction, sales or leasing offices
or similar facilities on any portion of the Property, nor
Grantor's right to post signs incidental to construction,
sales or leasing.
ONE SUBDIVISION DECLARATION - 1
• ARTICLE I
DEFINITIONS
1.1 "Articles" shall mean the Articles of Incorporation
of the Association.
1.2 "Assessments" shall mean those payments required of
Owners and Association Members including Regular, Special and
Limited Assessments of the Association as further defined in
this declaration.
1.3 "Association" shall mean and refer to BOZO
Homeowners' Association, Inc., an Idaho non-profit
corporation, its successors and assigns.
1.4 "Association Rules" shall mean those rules and
regulations promulgated by the Association governing conduct
upon the use of the Property under the jurisdiction or
control of the Association, the imposition of fines and
forfeitures for violation of Association Rules and
Regulations, and procedural matters for use in the conduct of
business of the Association.
1.5 "Beneficiary" shall mean a mortgagee under a
mortgage or beneficiary under a deed of trust, as the case
may be, and/or the assignees of such mortgagee, beneficiary
or holder, which mortgage or deed of thrust encumbers parcels
of real property on the Property.
1.6 "Broad" shall mean the Board of Directors or other
governing or individual, if applicable, of the
Association.
1.7 "Building Lot" shall mean and refer to any plot of
land showing upon any recorded plat of the Property with the
exception of Common Area
1.B "Bylaws" shall mean the bylaws of the Association.
1.9 "Committee" shall mean the Architectural Committee
described in Article VI hereof.
1.10 "Common Area" shall mean all real property
(including the improvements thereto) owned by the Association
for the common use and enjoyment of the Owners.
1.11 "Declaration" or "Supplemental Declaration" shall
refer to this declaration as hereafter amended and
supplemented from time to time.
1.12 "Declarant" shall mean and refer to Max A.
Boesiger, Inc., an Idaho corporation, and its successors and
assigns, if such successors and assigns should acquire more
than one (1) undeveloped Lot from the Declarant for the
purpose of development and as part of such conveyance, the
Declarant assigns and transfers to such transferee the
Declarant's rights with respect to such Lots.
1.13 "Grantor" shall mean and refer to the Declarant.
1.14 "Improvement" shall mean any structure, facility
DECLARATION - 2
or system, or otherimprovement or object, whe~er permanent
or temporary, which is erected, constructed or placed upon,
under or in any portion of the Property: including, but not
limited to buildings, fences, streets, drives, driveways,
sidewalks, curbs, landscaping, signs, 1lghts, mailboxes,
electrical lines, pipes, pumps, ditches, waterways, swimming
pools and other recreational facilities and fixtures of any
kind whatsoever.
1.15 "Lot" shall mean and refer to a Building Lot.
1.16 "Member" shall mean each person or entity holding
a membership in the Association.
1.17 "Mortgage" shall mean and refer to any mortgage or
deed to trust and "Mortgagee" shall refer to the mortgagee,
or beneficiary under a deed of trust, and "Mortgagor" shall
refer to the mortgagor, or grantor of a deed of trust.
1.18 "Owner" shall mean and refer to the record Owner,
whether one or more persons or entities, of a fee simple
title to any Lot which is a part of the Properties, including
contract sellers, but excluding those having such interest
merely as security for Lhe performance of an obligation.
1.19 "Plat" shall mean the recorded Plat of ONE
SUBDIVISION #1 and the recorded Plat of any other Properties
annexed hereto.
1.20 ""Properties" or "Property" shall mean and refer
to the real property hereinbefore described, and such
additions thereto as may hereafter be annexed and brought
caithin the coverage of this declaration as more particularly
provided for herein.
1.21 "Set Back" means the minimum distance established
by law between the dwelling unit or other structure referred
to and a given street, road or Lot line.
1.22 "Unit" shall mean one residence which shall be
situated upon a Lot.
ARTICLE II
GENERAL COVENANTS. CONDITIONS AND RESTRICTIONS
2.1 Land Use and Building Type. No Lot shall be used
except for residential purposes, and no Lot or the Common
Area shall be used for the conduct of any trade or business
or professional activity. Notwithstanding the foregoing, the
Board may, in its discretion and upon request by an Owner,
allow an Owner to conduct a "garage sale" upon such Owner's
Lot.
No improvements shall be erected, altered, placed or
permitted to remain on any Lot other than one designed to
accommodate no more than one (1) single-family residential
dwelling.
2.1.1 Size Limitations. Split level and two (2) story
Units shall have not less than 1400 square feet of
ONE SUBDIVISION DECLARATION - 3
interior floor area, exclusive of porches and garages.
All other units shall have not less than 1300
square feet of interior floor area on the ground floor
of the main structure, exclusive of porches and garages.
2.1.2 Garages. Each Unit constructed with the Property
shall include at least a two (2) car, enclosed garage
which is an integral part of the Unit structure.
2.1.3 Roofing Material. The roof of each Unit may be
constructed of asphalt shingles, or such other material
as may be approved by the Architectural Committee in
writing.
2.2 Architectural Control. No improvements which will
be visible above the ground or which will ultimately affect
the visibility of any above ground improvement shall be
built, erected, placed or materially altered, including
without limitation, change of exterior colors or materials,
on the Property, unless and until the building plans,
specifications, and plot plan have been reviewed in advance
by the Architectural Committee and the same have been
approved by the Committee. The review and approval or
disapproval may be based upon the following factors: design
and style elements, mass and form, topography, setbacks,
exterior color and materials, physical or artistic conformity
to the terrain and the other improvements on the Property
which the Architectural Committee, in their reasonable
discretion, deems relevant. Said requirements as to the
approval of the architectural design shall apply only to the
exterior appearance of the improvements. This Declaration is
not intended to serve as authority for the Architectural
Committee to control the interior layout of design of
buildings except to the extent incidentally necessitated by
use and size requirements.
2.3 Exterior Maintenance: Owner's Obliaatlons. No
improvements, including mail boxes and landscaping, shall be
permitted to fall into disrepair, and each improvement shall
at all times be kept in good condition and repair. In the
event that any Owner shall permit any improvement, including
trees and landscaping, which is the responsibility of such
Owner to maintain, to fall into disrepair so as to create a
dangerous, unsafe, unsightly or unattractive condition, or
damage to Property or facilities on or adjoining their Lot
which would otherwise be the Associations' responsibility to
maintain, the Board, upon fifteen (15) days prior written
notice to the Owner of said Lot, shall have the right to
correct such condition, and to enter upon such Owner's Lot
for the purpose of doing so, and such Owner shall promptly
reimburse the Association for the cost thereof. Such cost
shall be a Limited Assessment and shall create a lien
enforceable in the same manner as other Assessments set forth
herein. The Owner of the offending Lot shall be personally
liable, and his Lot may be subject to a mechanic's lien for
all costs and expenses incurred by the Association in taking
such corrective action, plus all costs incurred in collecting
the amounts due. Each Owner shall pay all amounts due for
such work within ten (10) days after receipt of written
demand therefor, or the amounts may, at the option of the
DECLARATION - 4
Board, be added to the amounts payable by such Owners as
Regular Assessments.
Each Owner shall have the remedial rights set forth
herein if the Association fails to exercise its rights within
a reasonable time following written notice.
In the event the improvements on any Lot shall suffer
damage or destruction from any cause, the Owner thereof shall
undertake the repair, restoration or reconstruction thereof
within ninety (90) days of such damage or destruction. If
after ninety (90) days of the repair, restoration or
reconstruction of such damaged or destroyed improvements have
not taken place, the Association, upon fifteen (15) days
prior written notice to the Owner of such Property, shall
have the right to correct such condition, and to enter upon
Owners Lot for the purpose of doing so and such Owner shall
bear all costs incurred by the Association, a lien shall be
applied to the Lot.
2.4 Improvements Location. No improvements shall be
constructed in violation of set-back requirements established
by law, or by this Declaration as set forth on the recorded
plat of the Subdivision.
2.5 Nuisances. No noxious or offensive activity,
including without limitation, those creating an offensive
odor, shall be carried on upon any Lot or the Common Area nor
shall anything be done thereon which may be or may become an
annoyance or nuisance to the neighborhood.
2.6 Temporary Structures. No improvements of a
temporary character, trailer, basement, tent, shack, garage,
barn or other outbuilding shall be placed or used on any Lot
at any time as a residence either temporarily or permanently.
2.7 Signs. No sign of any kind shall be displayed to
the public view on any Lot except one sigh of not more than
five (5) square feet advertising the Property for sale or
rent, or signs used by a builder or the Declarant to
advertise tNe Property during the construction and sales
period.
2.8 Oil and t4ining Operations. No oil drilling, oil
development operations, oil refining, quarrying or mining
operation of any kind shall be permitted upon the Property,
nor shall oil wells, tanks, tunnels, mineral excavations or
shafts be permitted upon the Property. No derrick or other
structure designed for use in boring for oil or natural gas
shall be erected, maintained or permitted upon the Property.
2.9 Livestock and Poultry. No animals, livestock, or
poultry of any kind shall be raised, bred or kept on any Lot,
except that dogs, cats or other household pets may be kept
provided that the are not kept, bred, or maintained for any
commercial purpose and provided that the keeper of such pets
complies with all city, and county laws, rules and
regulations. No dog runs or kennels shall be permitted to be
kept or placed within five (5) feet of a set-back line where
applicable. Dog runs or kennels shall only be permitted to
be placed and maintained to the rear of dwellings and in no
ONE SUBDIVISION DECLARATION - 5
event shall such structure be visible from a street. All
such kennels or facilities shall comply with all applicable
laws and rules.
2.10 Garbage and Refuse Disposal. No rubbish, trash,
garbage, refuse or debris shall be placed or allowed to
remain on the Property except trash kept and maintained with
the interior of a Unit in sanitary containers. All such
material shall only be kept in sanitary containers. All
equipment for the storage or disposal of such material shall
be kept in a clean, neat and sanitary condition.
2.11 Y7ater SuPply• No individual domestic water supply
system shall be permitted on any Lot.
2.12 Sewage Disposal. No individual sewage disposal
system shall be permitted on any Lot. All Lots shall be
subject to the folloaring sewer requirements of the City of
Meridian:
2.12.1 A monthly sewer charge must be paid after
connecting to the City of 1eridian public setoer system,
according to the ordinances and laws of the City.
2.12.2 Each Owner shall submit to inspection by the
Department of Public Works, the Department of Building,
or other Department whenever a subdivided Lot is to be
connected to the sewage system constructed and installed
on and within its Property.
2.12.3 The applicant/Owner of this subdivision, or Lot
or Lots therein, shall and hereby does vest in the City
of teridian the right and power to bring all actions
against the Owner of the premises hereby conveyed or
part thereof for the collection of any charges herein
stated.
2.13 Sight Distance at Intersections. No fence, wall,
hedge or shrub planting which obstructs sight lines at
elevations between two (2) and six (6) feet above the
roadway 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 (30) feet from the
intersection of the street lines, or in the case of a rounded
Property corner from the intersection of the street Property
lines extended. The same sight-line limitation shall apply
on any Lot within ten (10) feet from the intersection of a
street property line with the edge of driveway or alley
pavement. No tree shall be permitted to remain within such
distances of such intersections unless the foliage line is
maintained at sufficient height to prevent obstruction of
such sight lines.
2.14 Declarant's Right. Declarant reserves the right
to construct residences and other improvements upon any Lot
and to offer the same with completed structures thereon for
sale to individual Owners.
2.15 Boats, Campers, and Other Vehicles. No boats,
trailers, tractors, recreational vehicles, (i.e., any
trailers, campers, motorhomes, automobile campers or similar
vehicle or equipment) dilapidated, unrepaired or unsightly
ONE SUBDIVISION DECLARATION - 6
vehicles, or similar equipment, motorcycles, snowmobiles,
trucks (caorking or non-working) greater than three-quarter
(3/4) of a ton in size shall regularly or as a matter of
practice be parked or stored on any portion of the Property
(including streets and driveways) unless enclosed by a
structure or screened from view in a manner approved, in
writing, by the Architectural Committee.
Notwithstanding the foregoing, any boat, camper trailer
or recreational vehicle which is in good repair and working
order which does not exceed the following dimensions may be
stored on the side yard of Lot between front and rear yard
set-backs if screened by a six foot (6') fence: eight (8)
feet wide, twenty-seven (27) feet long and ten (10) feet
high. Provided, however, such storage may not be located
adjacent to the street on a corner Lot.
2.16 Bathrooms. All bathrooms, sink and toilet
facilities shall be inside residence buildings and shall be
connected by underground pipes directly with the sewer
system.
2.17 Antennae. No television antennae, satellite
receivers, or radio aerials shall be installed on the
Property, other than within the interior of a Unit.
2.18 Hazardous Activities. No activity shall be
conducted on or in any Unit, Lot or Common Area which is or
might be unsafe or hazardous to any person or Property.
Without limiting the generality of the foregoing, no firearms
shall be discharged upon said Property; no open fires shall
be lighted or permitted on any property except in a self-
contained barbecue unit while attended and in use for cooking
purposes, or with a safe and well-designed interior
fireplace, (except such picnic fires in portions of said
common Areas designed for such use or) except such controlled
and attended fires required for clearing or maintenance of
land.
2.15 Unsightly Articles. No unsightly articles shall
be permitted to remain on any Lot or Common Area as to be
visible from any other portion of the Property. Without
limiting the foregoing, no clothing or household fabrics
shall be hung, dried or aired in such a way as to be visible
from any other portion of the Property. No lumber, grass,
shrub or tree clippings or plant waste, compost piles,
metals, building or other materials or scrape or other
similar material or articles shall be kept, stored or allowed
to accumulate on any portion of the Property except within an
enclosed structure or appropriately screened from view as
approved, in cariting, by the Architectural Committee.
"Screened" is define as being concealed or made non-visible
from eye level, at grade, at all points with the Property.
"1.20 Light, Sound - General. No light shall be emitted
from any Lot or from Common Area cahich light is unreasonably
bright or causes unreasonable glare. No sound shall be
emitted from any Lot or Common Area which is unreasonably
loud or annoying, and no odors shall be emitted on any
property which are noxious or offensive to others.
ONE SUBDIVISION DECLARATION - 7
2.21 Construction. Duriny the course of actual
construction of any permanent improvements, the restrictions
contained in this Declaration and any supplemental
declarations shall be deemed araived to the extent necessary
to permit such construction, provided that during the course
of such construction nothing shall be done which caill result
in a violation of these restrictions upon completion of
construction and all construction shall be diligently
prosecuted to completion, continuously and without delays.
2.22 Re-Construction. In any case where it is
necessary to reconstruct a Unit or any improvement in the
Common Area, said re-construction shall be prosecuted
diligently, continuously and without delays from time of
commencing thereof until such structure is fully completed
and painted, useless prevented by causes beyond control and
only for such time that such causes continue.
2.'L3 Paintenance and Repair. In the event the
improvements on any Lot shall suffer damage or destruction
from any cause, the Ocuner thereof shall undertake the repair,
restoration and reconstruction thereof within ninety (90)
days of such damage or destruction.
2.24 Fences. All fences shall be of vertical cedar
design and construction. No chain-link fences, grape stake
fences or fences of basket-weave design shall be allowed.
Side fences on corner lots may extend only from the rear Lot
line to rear line of the residence.
2.25 Plat Conditions. All covenants, conditions and
restrictions and other matters set forth on all Plats are
hereby incorporated by reference and notice is hereby given
to the same.
2.26 Front and Side Yards. The front yard of each Lot
and the side yard of any Lot which is adjacent to a street
must be planted with sod within twenty-one (21) days of
substantial completion, or occupancy, whichever shall first
occur, or as soon thereafter as the weather permits. All
remaining portions of the yard area of each Lot must be
planted faith sod, seeded and/or landscaped, within six (6)
months of occupancy of the Unit. The failure of the Owner to
timely comply ~oith this paragraph shall constitute a failure
to perform exterior maintenance and the Association and/or
the Grantor shall have all rights and remedies provided in
Section 2.3, or any other provision of this Declaration.
2.27 No Dumping. No excavation material, grass or yard
clippings, rubbish, trash, garbage, refuse or debris shall be
placed or allowed to remain on any vacant or unimproved Lot,
without the prior written Approval of the Declarant or the
Architectural Committee. The Owner of any Lot who dumps such
material shall be liable for the cleanup and/or removal
costs.
ONE SUBDIVISION DECLARATION - 8
• ARTICLE III •
PROPERTY RIGHTS
3.1 Owner's Easements of Eniovment. Every Owner shall
have a right and easement of enjoyment in and to the Common
Area which shall be appurtenant to and shall pass with the
title to every Lot, subject to the following provisions.
3.1.1 The Association has the right to suspend the
voting rights of an Owner for any period during which
any assessment against his Lot remains unpaid.
3.1.2 The right of the Association to dedicate or
transfer all or any part of the Common Area to any
public agency, authority, or utility for such purposes
and subject to such conditions as may be agreed on by
the members. Such dedication or transfer shall be
effective upon the recording of an appropriate
instrument executed by the President and Secretary of
the Association and upon which said officers affirm that
the transfer or dedication was approved by the Owners of
a majority of the Lots.
3.2 Delegation of Use. Any Owner may delegate, in
accordance with the Bylaws, his right of enjoyment to the
Common Area and facilities to the members of his family,
guests, tenants or contract purchasers taho reside on the
property.
3.3 Damages. Each Owner shall be liable for any damage
to such Common Areas or other property owned or maintained by
the Association which may be sustained by reason of the
negligence or willful misconduct of said Owner or of his
family and guests, tenants or contract purchasers, both minor
and adult. In the case of joint ownership of a Lot, the
liability of such Owners shall be joint and several. The
cost of correcting such damage shall be charged as a limited
assessment against the Owner and his Lot and may be collected
as provided herein for the collection of other assessments.
ARTICLE IV
CRYSTAL SPRINGS HOHEOWNERS' ASSOCIATION
4.1 Organization of Association. The Crystal Springs
Homeowners Association ("Association") is an Idaho
Corporation formed under the provisions of the Idaho Non-
Profit Corporations Act and shall be charged with the duties
and invested with the powers prescribed by law and set forth
in the Articles, Bylaws and this Declaration. Neither the
Articles nor the Bylaws shall, for any reason, be amended or
otherwise changed or interpreted so as to be inconsistent
with this Declaration.
4.2 Membership. Each Osaner of a Lot subject to this
Declaration (including the Declarant) by virtue of being such
an Owner and for so long as such ownership is maintained,
shall be a Member of the Association, and no Owner shall have
more than one membership in the Association, except as
hereinafter set forth with respect to voting. Memberships in
ONE SUBDIVISION DECLARATION - 9
the Association sha~ not be assignable, excep~o the
successor-in-interest of the Owner, and all memberships in
the Association shall be appurtenant to the Lot owned by such
Owner. The memberships in the Association shall not be
transferred, pledged or alienated in any way except upon the
transfer of title to said Lot and then only to the transferee
of title to said Lot. Any attempt to make a prohibited
membership transfer shall be void and will not be reflected
on the books of the Association.
4.3 Voting. The Association will have two (2) classes
of voting memberships.
4.3.1 Class A. Class A members shall be the Owners,
with the exception of the Declarant, and shall be
entitled to one (1) vote for each Lot owned. When more
than one person holds an interest in any Lot, all such
persons shall be members. The vote for such Lot shall
be exercised as they determine, but in no event shall
more than one (1) vote be cast with respect to any Lot.
4.3.2 Class B. The Class B member shall be the
Declarant. Upon the recording hereof, Declarant shall
be entitled to three (3) votes for each Lot of cahich
Declarant is the Owner. The class B membership shall
cease and be converted to Class A membership on January
1, 2000, or when the Declarant no longer owns any Lots
within the property subject to the Declaration,
whichever event shall first occur.
4.4 Board of Directors and Officers. The affairs of the
Association shall be conducted by a Board of Directors and
such officers as the Directors may elect or appoint, in
accordance with the Articles, Bylaws, and this Declaration as
the same may be amended and supplemented from time to time.
4.5 Po~oers and Duties of the Association.
4.5.1 Powers. The Association shall have all the
powers of a non-profit corporation organized under the
general non-profit corporation laws of the State of
Idaho subject only to such limitations upon the exercise
of such pocaers as are expressly set forth in the
Articles, the Bylaws and this Declaration. It shall
have the power to do any and all lawful things which may
be authorized, required or permitted to be done by the
Association under this Declaration, the Articles and the
Bylaws, and to do and perform any and all acts which may
be necessary or proper for, or incidental to the proper
management and operation of the Common Area and the
performance of the other responsibilities herein
assigned, including without limitation.
4.5.1.1 Assessments. The power to levy assessments
(Annual, Special and Limited) on the Owners of Lots
and to force payment of such assessments, all in
accordance with the provisions of this Declaration.
4.5.1.2 Right of Enforcement. The power and
authority from time to time in its own name, on its
ONE SUBDIVISION DECLARATION - 10
own behal~or on behalf of any Owne r Owners who
consent thereto; to commence and maintain actions
and suits to restrain and enjoin any breach or
threatened breach of this Declaration of the
Articles or the Bylaws, including the Association
rules adopted pursuant to this Declaration, and to
enforce by mandatory injunction or otherwise, all
provisions hereof.
4.5.1.3 Delegation of Powers. The authority to
delegate its power and duties to committees,
officers, employees, or to any person, firm or
corporation to act as manager. Neither the
Association nor the members of its Board shall be
liable for any omission or improper exercise by the
manager of any such duty or potrer to delegated.
4.5.1.4 Association Rules. The power to adopt,
amend and repeal by majority vote of the Board such
rules, and regulations as the Association deems
reasonable and which are consistent with this
Declaration (the Association Rules). The
Association rules shall govern the use of the
Common Area by the Oorners, families of the Owners,
or by an invitee, licensee, lessee or contract
purchaser of any Owner; provided, however, that the
Association rules may not discriminate among Owners
and shall not be inconsistent with this Declaration
the Articles or Bylaws. A copy of the Association
rules as they may from time to time be adopted,
amended or repealed, shall be mailed or otherwise
delivered to each Owner. Upon such mailing or
delivery and posting, said Association rules shall
have the same force and effect as if they erhere set
forth in and are a part of this Declaration. In
the event of any conflict between such Association
rules shall be superseded by the provisions of this
Declaration, the Articles or the Bylaws to the
extent of any such inconsistency.
4.5.1.5 Emergency Powers. The Association or any
person authorized by the Association may enter upon
any Lot in the event of any emergency involving
illness or potential danger to life or property or
when necessary in connection with any maintenance
or construction for which it is responsible. Such
entry shall be made with as little inconvenience to
the Owners as practicable and any damage caused
thereby shall be repaired by the Association.
4.5.1.6 Licenses, Easements and Rights-of-Way.
The poo-rer to grant and convey to any third party
such licenses, easements and rights-of-way in, on
or under the Common Area as may be necessary or
appropriate for the orderly maintenance,
preservation and enjoyment of the Common Area and
for the preservation of the health, safety,
convenience and welfare of the Owners, for the
purpose of constructing, erecting, operating or
maintaining:
ONE SUBDIVISION DECLARATION - 11
4.5.1.1 Underground lines, ca~s, wires,
conduits and other devices for the transmission
of electricity for 1lghting, heating, power,
telephone and other purposes;
4.5.1.6.2 Puhlic sewers, storm drains, water
drains and pipes, water systems, sprinkling
systems, water, heating and gas lines or
pipes; and
4.5.1.6.3 Any similar public or quasi-public
improvements or facilities.
The right to grant such licenses, easements and
rights-of-way are hereby expressly reserved to the
Association and may be granted at any time prior to
twenty-one (21) years after the death of the individuals
executing this declaration, on behalf of the Declarant,
and their issue orho are in being as of the date hereof.
4.5.2 Duties of the Association. In addition to
power delegated to it by the Articles, without limiting the
generality thereof, the Association or its agents, if any,
shall have the obligation to conduct all business affairs of
common interest to all Owners, and to perform each of the
following duties:
4.5.2.1 Operation and Maintenance of Common Area.
Operate, maintain and otherwise manage or provide
for the operation, maintenance and management of
the Common Area including the repair and
replacement of property damaged or destroyed by
casualty loss and other property acquired by the
Association.
4.5.2.2 Paintenance and management of Site
Retention Ponds. Provide the management for proper
operation and maintenance of the storm drain
retention ponds. Along the nine-mile drain ditch,
including weed control and maintenance of any pipe
outside the jurisdiction of the Ada County Highway
District's maintenance practices.
4.5.2.3 Taxes and Assessments. Pay all real and
personal property taxes and assessments separately
levied against the Common Area owned and managed by
the Association or against the Association and/or
any property owned by the Association. Such taxes
and assessments may be contested or compromised by
the Association; provided, hoorever, that they
are paid or a bond insuring payment is posted prior
to the sale or the disposition of any property to
satisfy the payment of such taxes. In addition,
the Association shall pay all other taxes, federal,
state to local, including income to corporate
taxes, levied against the Association in the event
that the Association is denied the status of a tax
exempt corporation.
ONE SUBDIVISION DECLARATION - 12
4.5.2.4 ter and Other Utilities. quire,
provide and/or pay for water, sewer, garbage
disposal, refuse and rubbish collection,
electrical, telephone and gas and other necessary
services for the Common Area and the property owned
or managed by it.
4.5.2.5 Insurance. Obtain from reputable
insurance companies authorized to do business in
the State of Idaho and maintain in effect the
following policies of insurance.
4.5.2.5.1 Comprehensive public liability
insurance insuring the Board, the
Association, the Declarant and the individual
Owners and agents and employees of each of
the foregoing against any liability incident
to the ownership and/or use of the Common
Area or their property owned or managed by
it. Limits of liability of such coverage
shall be as follows: not less than Five
Hundred Thousand Dollars (5500,000) per
person and Five Hundred Thousand Dollars
($500,000) per occurrence with respect to
personal injury or death, and property
damage.
4.5.2.5.2 Full coverage directors and
officers liability insurance with a limit of
Two Hundred Fifty Thousand Dollars
($250,000), if the Board so elects.
4.5.2.5.3 Such other insurance including
Ntorkmen's Compensation insurance to the
extent necessary to comply with all
applicable locos and indemnity, faithful
performance, fidelity and other bonds as the
Board shall deem necessary or required to
carry out the Association functions or to
insure the Association against any loss from
malfeasance or dishonesty of any employee or
their person charged with the management or
possession of any Association funds or other
property.
4.5.2.5.4 The Association shall be deemed
trustee of the interests of all t4embers of
the Association in any insurance proceeds
paid to it under such policies, and shall
have full power to receive their interests in
such proceeds and to deal therewith.
4.5.2.5.5 Insurance premiums for the above
insurance coverage shall be deemed a common
expense to be included in the annual
assessments levied by the Association.
4.5.2.5.6 Notwithstanding any other
provision herein, the Association shall
continuously maintain in effect such other
additional casualty, flood and liability
ONE SUBDIVISION DECLARATION - 13
ins~ance as the Board deems n~ssary or
appropriate.
4.5.2.6 Rule Making. Pfake, establish, promulgate,
amend and repeal the Association rules.
4.5.2.7 Architectual Committee. Appoint and
remove members of the Committee, all subject to the
provisions of this Declaration.
4.5.2.8 Drainage Systems. Operate, maintain,
repair and replace, all drainage systems located
caithin the Property and shown on the Plat orhich are
not maintained by public authorities.
4.5.2.9 Right-Of-Way Maintenance. Iaintain,
repair and replace the landscaped berm, including
the sprinkler system installed thereon, and the
fence located on Cherry Lane or any other public
right-of-way adjacent to the Froperty and such
other landscaping located o-rithin public right-of-
caay as the Board deems necessary to appropriate.
4.5.2.10 Irrigation Maintenance. haintain, repair
replace all irrigation lines or channels located on
or serving this subdivision, and to pay all
maintenance and construction fees of any Irrigation
District with respect to the Property, which
amounts shall be assessed against each Lot as
provided herein.
4.5.2.11 Street Lights. Maintain, repair and
replace street lights within the Property to the
extent such street lights are not operated,
maintained, repaired and replaced by the Highway
District or other governmental entity, which has
jurisdiction of such matters.
4.5.2.12 Subdivision Approval, Responsibilities.
Perform all continuing duties and responsibilities
imposed upon the Grantor pursuant to any
governmental approvals relating to the Property
including, without limitation, those set forth in
the preliminary plat approval for the Subdivision.
4.6 Personal Liability. No member of the Board or
any committee of the Association or the Architectural
Committee or any officer of the Association, or the
Declarant, or the manager, if any, shall be personally liable
to any Owner, or any other party, including the Association,
for any damage, loss or prejudice suffered or claimed on the
account of any act, omission, error or negligence of the
Association, the Board, the manager, 1f any, or any other
representative or employee of the Association, the Declarant
or the Architectural Committee, any other committee or any
officer of the Association, or the Declarant, provided that
such person has, upon the basis of such information as may be
possessed by him, acted in good faith without willful or
intentional misconduct.
ONE SUBDIVISION DECLARATION - 14
• ARTICLE V •
COVENANT FOR MAINTENANCE AND ASSESSMENTS
5.1 Creation of the Lien and Personal Obligation of
Assessments. Each Owner of any Lot, by acceptance of a deed
therefor, whether or not it shall be so expressed in such
deed, is deemed to covenant and agree to pay the Association;
5.1.1 Annual regular assessments or charges.
5.1.2 Special assessments for capital
improvements, such assessments to be established
and collected as hereinafter provided; and
5.1.3 Limited assessments as hereinafter provided.
The Regular, Special and Limited assessments, together
with interest, costs and reasonable attorneys' fees, shall be
a charge on the land and shall be a continuing lien upon the
property against cahich each such assessment is made. Each
such assessment, together with interest, costs and reasonable
attorney' fees shall also be the personal obligation of the
person rrho ryas the Owner of such property at the time when
the assessment fell due. The personal obligation for
delinquent assessments shall not pass to his successors in
title unless expressly assumed by them.
5.2 Purpose of Assessments.
5.2.1 kegular Assessments. The regular
assessments levied by the Association shall be used
exclusively to promote the recreation, health,
safety and welfare of the residents in the
Properties and for the improvement and maintenance
of the Common Area, to pay property taxes and other
assessments, to pay the annual assessments of any
irrigation district and to pay such other
reasonable costs and expenses cahich are incurred by
the Association in carrying out the duties, and
business of the Association.
5.2.2 Special Assessments for Capital Improvement.
In addition to the annual regular assessments
authorized above, the Association may levy, in any
assessment year, a special assessment applicable to
that year only for the purpose of defraying, in
whole or in part, costs and expenses of the
Association which exceed the regular assessments or
the costs and expenses of any construction,
reconstruction, repair or replacement of a capital
improvement upon the Common Area, including
fixtures and personal property related thereto,
provided that any such assessment shall be approved
by a tyro-thirds (2/3) vote of each class of members
who are voting in person or by proxy at a meeting
duly called for this purpose. Additionally, upon
the sale of each Lot by Grantor, the purchaser
shall pay a one-time special assessment of Thirty
and no/100 Dollars (530.00) per Lot. Such special
assessment shall be paid on or before the date of
recordation of the deed from Grantor to the
purchaser. Grantor, as agent for the Association,
ONE SUBDIVISION DECLARATION - 15
shall be titled to collect this on~ime special
assessment at the closing of the Lot sale. This
one-time special assessment shall be used to defray
organizational cost for the Association and general
costs of operation.
5.2.3 Limited Assessments. The limited
assessments may be levied against any owner in an
amount equal to he costs and expenses incurred by
the Association, including legal fees for
corrective action necessitated by such Owner,
caithout limitation, costs and expenses incurred for
the repair and replacement of the Common Area or
other property owned or maintained by the
Association, damaged by negligent or o-rillful acts
of any Owner or occupant of a Lot caho is occupyiny
the Lot with the consent of such Owner, or for
maintenance of landscaping performed by the
Association which has not been performed by Owner
as provided herein.
5.2.4 Special Assessment for Irrigation System.
Declarant shall, within twelve (12) months of the recording
of this declaration, complete installation of dry lines
throughout the Froject to serve as a water delivery system
for pressurized irrigation systems for ultimate delivery of
irrigation water to each Lot. Upon the completion of the
installation of said dry lines by Declarant and upon that
adoption by the City of Meridian of standards and
specifications for pressurized irrigation systems in
residential subdivisions, an appropriate diversion, pump and
such other equipment or improvements as are in accordance
with that standards and specifications adopted by the City Of
Meridian shall be constructed, installed and completed by the
Association. The Association shall levy, by action of its
Board of Directors, a Special Assessment for Irrigation
System, in a total amount adequate to pay for such equipment,
improvements and construction. Each Lot in the Project shall
pay an equal portion of that assessment.
5.3 Maximum Annual Re4ular Assessment. The initial
maximum annual regular assessment to be assessed by the
Association, shall be Thirty and No/100 Dollars (S30.00) per
Lot per year.
5.3.1 The maximum annual assessment may be
increased by the Board each year by not more than
ten percent (10%) above the maximum assessment for
the previous year without a vote of the membership
of the Association as provided beloar.
5.3.2 The maximum annual assessment may be
increased above ten percent (100) by a tcao-thirds
(2/3) vote each class of the members who are voting
in person or by proxy, at a meeting duly called for
this purpose.
5.3.3 The Board of Directors of the Association
may fix the amount of the annual assessment at an
ONE SUBDIVISION DECLARATION - 16
amount no~in excess of the maximum established
from time to time.
5.3.4 The total annual regular assessment, levied
against the Lots owned by the Declarant, shall be
the lessor of (a) the amount of the regular
assessment per Lot multiplied by the number of lots
owned by the Declarant or (b) the difference
between the total annual assessment levied against
lots owned by the other parties, other than the
Declarant, and the reasonable expenditure of the
Association for the Purposes described in Section
5.2.1 for the fiscal year.
5.4 Notice and uorum for att~ Action Authorized Under
Sections 5."3_2 and 5.. 3. Nlritten notice of any meeting called
for the purpose of taking any action authorized under
Sections 5.3 and 5.4 shall be sent to all members not less
than ten days (10) nor more than fifty (50) days in advance
of the meeting. At the first such meeting called, the
presence of members or of proxies entitled to cast sixty
percent (60°s) of all the votes of each class of membership
shall constitute a quorum. If the required quorum is not
present, another meeting may be called subject to the same
notice requirement, and the required quorum at the subsequent
meeting shall be one-half (1/2) of the required 9uorum at the
preceding meeting. No such subsequent meeting shall be held
more than sixty (60) days following the preceding meeting.
5.5 Uniform Rate of Assessment. Both annual and
special assessments must be fixed at a uniform rate for all
Lots and may be collected on an annual or other basis as
determined by the Association from time to time.
5.6 Date of Commencement of Annual Assessments = Due
Dates. The annual regular assessments or any special
assessments then in effect as provided for herein shall
commence as to a Lot or Lots on the first day of the first
year following the conveyance of the Lot or Lots from
Declarant to an Owner or Owners. The Board off Directors
shall fix the amount of the annual assessment against each
Lct at least thirty (30) days in advance of each annual
assessment period. Written notice of the annual assessment
shall be sent to every Ocrner subject thereto. The due dates
shall be established by the Board of Directors. The
Association shall, upon demand, and for a reasonable charge,
furnish a certificate signed by an officer of the Association
setting forth whether the assessments on a specified Lot have
been paid. A properly executed certificate of the
Association as to the status of assessments on a Lot is
binding upon the Association as of the date of its issuance.
5. ', Effect of Non-payment of Assessments - Remedies of
the Association. Any assessment not paid within t arty (3~1
days after the due date shall bear interest from the due date
on a rate of twenty-one percent (210) per annum or at the
highest rate allowed by la~•r if such rate is less than 21°s.
The Association may bring an action at law against the Owner
personally obligated to pay the same, or foreclosure the lien
against the property. No Owner may waive or otherwise escape
ONE SUBDIVISION DECLARATION - 17
liability for the a~essments provided for her by non-use
of the Common Area or abandonment of his Lot.
Ftortaaaes. The lien
5.8 Subordination of the Lien to
of the assessments provided for herein shall be subordinate
to the lien of any first mortgage. Sale or transfer of any
Lot shall not affect the assessment lien. However, the sale
or transfer of any Lot pursuant to mortgage foreclosure or
any proceeding in lieu thereof, shall extinguish the lien of
such assessments as to payment which become due prior to such
sale or transfer but shall not extinguish personal liability.
fors any assessments thereafterrbecomingudueLor from theblieny
thereof.
ARTICLE VI
ARCHITECTURAL CDHHI'PTEE
6.1 Plembers of the Committee. The Architectural
Committee for the Property, sometimes referred to as the
"Committee", shall consist of three (3) members. The
follooring persons are hereby designed by Declarant as the
initial members of the Committee for the Property:
Address
Name
tiax A Boesiger, Jr 1399 East Ptonterey Drive
Boise, Idaho 83705
Richard D. Boesiger 131 Williams
Boise, Idaho 83706
John W. Holland 4720 West Emerald Street
Boise, Idaho 83706
Each of said persons shall hold office until such time as he
has resigned or has been removed or his successor has been
appointed, as provided herein. t9embers of the Committee may
be removed at any time without cause.
6.2 Riaht of Appointment and, Removal_ At any time,
Grantor is the Owner of at least one (1) of the Lots, Grantor
shall have the right to appoint and remove all members of the
Committee. Thereafter, the Board of Directors of the
Association shall have the power to appoint and remove all
members of the Committee. !-tembers of the Committee may be
removed at any time, without cause.
6.3 Review of Proposed Construction. The Committee
shall consider and act upon any and all proposals of plans
and specifications submitted for its approval pursuant to
this Declaration, and perform such other duties as from time
to time shall be assigned to it by the Board of the
Association, including the inspection Of construction In
progress to assure its conformance caith plans approved by the
Committee. The Board shall have the power to determine, by
rule or their written designation consistent with this
Declaration, cahich types of improvements shall be submitted
to the Committee to review and approval. The Committee shall
ONE SUBDIVISION DECLARATION - 18
approve proposals o~plans and specifications ~mitted for
its approval only if it deems that the construction,
alterations or additions contemplated thereby in the
locations indicated will not be detrimental to the appearance
of any structure affected thereby will be in harmony with the
surrounding structures, and that the upkeep and maintenance
thereof swill not become a burden on the Association.
6.3.1 Conditions on Approval. The Committee may
condition its approval of proposals or plans and
specifications upon such changes therein as it deems
appropriate, or upon the agreement of the Osaner
submitting the same ("Applicant") to grant appropriate
easements to an Association for the maintenance thereof,
upon the agreement of the Applicant to reimburse the
Pssociation for the cost of maintenance, or upon all
three, any may require submission of additional plans
and specifications or other information before approving
or disapproving material submitted.
6.3.2 Committee Rule s_ and Fees. The Committee also may
establish, from time to time, rules andlor guidelines
setting forth procedures for the required content of the
applications and plans submitted for approval. Such
rules may require a fee to accompany each application
for approval, or additional factors cahich it will take
into consideration in reviewing subrr~issions. The
Committee shall determine the amount of such fee in a
reasonable manner, provided that in no event shall such
fee exceed One Hundred Dollars ($100.00) Such fees
shall be used to defray the costs and expenses of the
Committee or for such other purposes as established by
the Board.
Such rules and guidelines may establish, without
limitation, procedures, specific rules and regulations
regarding design and style elements, landscaping and
fences and other structures such as animal enclosures as
well as special architectural guidelines applicable to
Building Lots located adjacent to public and/or private
open space.
6.3.3 Detailed Plans. The Committee may require such
detail in plans and specifications submitted for its
reviecr as it deems proper, including, caithout
limitation, floor plans, landscape plans, drainage
plans, elevation drawings and descriptions or samples of
exterior material colors. Until receipt by the
Committee of any required plans and specifications, the
Committee may postpone review of any plan submitted for
approval.
6.3.4 Committee Decisions. Decisions of the Committee
and the reasons therefor shall be transmitted by the
Committee to the Applicant at the address set forth in
the application for approval erithin seven (7) days after
filing all materials required by the Committee. Any
materials submitted pursuant to this Article shall be
deemed approved unless written disapproval by the
ONE SUBDIVISION DECLARATION - 19
Committee shal~ave been mailed to the A~icant caithin
seven (7) days after the date of the filing of said
materials with the Committee. The said seven (') day
period shall only commence to run when an authorized
representative of the Committee has executed an
application form acknowledging acceptance of such
application and acknowledging that such application is
complete.
6.4 Meetings of the Committee. The Committee shall
meet from time to time as necessary to perform its duties
hereunder. The Committee may from time to time by resolution
unanimously adopted in ~rriting, designate a Committee
Representative (caho may, but not need be on of its members)
to take any action or perform any duties for and on behalf of
the Committee, except the granting of variances pursuant to
section 6.9. In the absence of such designation, the vote of
any two (2) members of the Committee, or the written consent
of any taro (2) members of the Committee taken without a
meeting, shall constitute an act of the committee.
6.5 Nc Waiver of Future Approvals. The approval of the
Committee of any proposals or plans and specifications or
drawings for any work done or proposed, or in connection with
any other matter requiring the approval and consent of the
Committee, shall not be deemed to constitute a waiver of any
right to withhold approval or consent as to any similar
proposals, plans and specifications, drawings or matter
whatever subsequently or additionally submitted for approval
or consent.
6.6 Compensation of Ptembers. The members of the
Committee shall receive no compensation for services
rendered, other than reimbursement for expenses incurred by
then in the performance of their duties hereunder and except
as otherwise agreed by the Board.
6.7 Inspection of I^Jork. Inspection of work and
correction of defects therein shall proceed as follows:
6.7.1 Upon the completion of any work for o-rhich
approved plans are required under this Article, the
Owner shall give written notice of completion to the
Committee.
6.7.2 Within sixty (60) days thereafter, the Committee
or its duly authorized representative may inspect such
improvement. If the Committee finds that such work was
not done in substantial compliance with the approved
plans, it shall notify the Ocrner in caritinq of such non-
compliance with such sixty (60) day period, specifying
the particular noncompliance, and shall require the
Owner to remedy the same.
6.7.3 If for any reason the Committee fails to notify
the Ocaner of any noncompliance within sixty (60) days
after receipt of the written notice of compliance from
the Owner, the improvement shall be deemed to be in
accordance crith the approved plans.
ONE SUBDIVISION DECLARATION - 20
~,£, No n_ Liabi~ty of Committee giembers._ ~ither the
Committee nor any member thereof, nor its duly authorized
Committee representative, shall be liable to the Association,
or to any Owner or Grantee for any loss, damage or injury
arising out of or in any way connectedrovidedhsuchrpersonce
of the Committee's duties hereunder, p
has. upon the basis of such information as may be possessed
by him, acted in good faith without willful or intentional
misconduct. The Committee shall revieca and approve or
disapprove all plans submitted to it for any proposed
improvement, alteration or addition, solely on the basis of
aesthetic considerations and the overall benefit or detriment
which would result in the immediate vicinity and to the
Property generally. The Committee shall take into
consideration the aesthetic aspects of the architectural
designs, placement of building, landscaping, color schemes,
exterior finishes and materials and similar features, but
shall not be responsible for reviewing, nor shall its
approval of any plan or design from the standpoint of
structural safety or conformance with building or other
codes.
6.9 Variances. The Committee may authorize variances
from compliance with any of the architectural provisions of
this Declaration or any Supplemental Declaration, including
restrictions upon height, size, floor area or placement of
structures, or similar restrictions, ;when circumstances such
as topography, natural obstructions, hardship, aesthetic or
environmental considerations may require. Such variances
must be evidenced in writing, must be signed by at least two
(2) members of the Committee, and shall become effective upon
recordation in the Office of the County Recorder of Ada
County. If such variances are granted, no violation of the
Restrictions contained in this Declaration or any
Supplemental Declaration shall be deemed to have occurred
;tith respect to the matter for which the variance etas
granted. The granting of such a variance shall not operate
to waive any of the terms and provisions of this Declaration
or of any Supplemental Declaration for any purpose except as
to the particular property and particular provision hereof,
covered by the variance oras granted. The granting of such a
variance shall not operate to waive any of the terms and
provisions of this Declaration or of any Supplemental
Declaration for any purpose except as to the particular
property and particular provision hereof covered by the
variance, nor shall it affect in any way the Owner's
obligation to comply with all governmental laws and
regulations affecting his use of the premises, including but
not limited to zoning ordinances and Lot set-back lines or
requirements imposed by any governmental or municipal
authority.
ARTICLE VII
ANNE%ATION OE ADDITIONAL PROPERTIES
;.1 Annexation. Declarant presently intends to develop
other neighboring properties and may, in Declarant's
discretion, deem it desirable to annex some or all of such
other properties to the property covered by this Declaration.
ONE SUBDIVISION DECLARATION - 21
The annexed propert~s may, at Der_larant's sol~iscretion,
be used and developed for any purpose allowed under
appropriate zoning regulations. Such other properties may be
annexed to the Property and brought within the provisions of
this Declaration by Declarant, its successors or assign, at
any time, and from time to time, without the approval of an
Ocrner, the Association or its Board of Directors provided
that the FHA and the VA, or the HUD representatives thereof,
determines that the annexation is in accordance with the
general plan heretofore approved by them. As such properties
are developed, Declarant shall, with respect thereto, record
a Supplemental Declaration which shall annex such properties
to the Property and cahich may supplement this Declaration
with such additional or different covenants, conditions,
restrictions, reservations and easements as Declarant, and
FHA and VA, or the HUD representatives thereof, may deem
appropriate for the other properties or portions thereof and
may delete or eliminate as to such other properties such
covenants, conditions, restrictions, reservations and
easements as are continues herein which Declarant and FHA and
VA, or the HUD representative thereof, deem not appropriate
for the other properties.
7.2 Additional Properties_ Subject to the
provisions of Section 7.1 above, upon the recording of a
Supplemental Declaration as to other properties containing
the provisions as set fcrth in this Section, all provisions
contained in this Declaration shall apply to the added
properties in the same manner as if it Caere originally
covered by this Declaration, subject to such modification,
changes and deletions as specifically provided in such
Supplemental Declaration. The Grantees of Lots located in
the other properties shall share in the payment of
assessments to the Association as provided herein from and
after the recordation of the first deed of a Lot within the
added properties from Declarant to an individual purchaser
thereof.
?.3 Procedure for Annexation. The additions
authorized under Section 7.1 above, shall be made by filing
of record a Supplemental Declaration or other similar
instrument with respect to the other properties or portion
thereof, which shall be executed by Declarant of the Owner
thereof and shall extend the general plan and scheme of this
Declaration. The filing of record of said Supplemental
Declaration shall constitute and effectuate the annexation of
the other properties or portion thereof described therein,
and thereupon said other properties of portion thereof shall
become and constitute a part of the properties, become
subject to this Declaration and encompassed arithin the
general plans and scheme of covenants, conditions
restrictions, reservations and easements and equitable
servitudes contained herein as modified by such Supplemental
Declaration for such other properties or portion thereof, and
become subject to the functions, poarers and jurisdiction of
the Association. Such Supplemental Declaration may contain
such additions, modifications or declarations of the
covenants, conditions, .restrictions, reservations or
easements and equitable servitudes contained in this
Declaration as may be deemed by Declarant and FHA and VA, or
the HllD representatives thereof, desirable to reflect the
different
ONE SUBDIVISION DECLARATION - 22
character, if
thereof or as
representative
development of
any, of the other
Declarant and FHA
thereof, may dee
the properties o
properties or portions
and VA, or the HUD
m appropriate in the
r portion thereof.
ARTICLE VIII
EASEMENTS
8.1 Maintenance an d. Use Easement Between 4lalls and
Property Lines. The Association or owner of any lot shall
hereby be granted an easement of 5' width on the adjoining
properties for the purpose of maintenance of fence and/or
landscaping so long as such use does not cause damage to any
structure or fence.
8.2 Other taintenance Easements._ Easements for
installations and maintenance of utilities and drainage
facilities are reserved as shoran on the record plat. Nfithin
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 drainage
channels in the easements, or which may obstruct or retard
the flow of iaater through drainage channels in the easements.
The easement area of each Lot and all improvements in it
shall be maintained continuously by the Owner of the Lot,
except for these improvements for cahich a public authority or
utility company is responsible. A further easements is
hereby reserved in favor of the Association for access to and
maintenance of any irrigation facilities serving the Common
Area.
ARTICLE I%
GENERAL PROVISIONS
9.1 Enforcement. The Association or any Owner, shall
have the right to enforce, by the proceeding at lava or in
equity, all restrictions, conditions, covenants,
reservations, liens and charges now or hereafter imposed by
the provisions of this Declaration. Failure by the
Association or by an Ocaner to enforce any covenant or
restriction herein contained shall in no event be deemed a
waiver of the right to do so thereafter.
9.2 Severi.ty• Invalidation of any one of these
covenants or restrictions by judgment or court order shall in
no way affect any other provision which shall remain in full
force and effect.
9.3 Interpretation. The terms, covenants and
conditions hereof are to be read and interpreted consistently
and in a manner to protect and promote Property values.
9.4 Term and Amendment. The covenants and restrictions
of this Declaration shall run with and bind the land, for a
ONE SUBDIVISION DECLARATION - 23
term of twenty f20)~ears from the date this D oration is
recorded, after o-rhich time they shall be automatically
extended for sur_cessive periods of ten (10) years unless an
instrument signed by seventy-five percent (75"0) of the then
Owners of the Lots has been recorded, agreeing to change said
covenants in whole or in part. This Declaration may be
amended, restated, replaced, terminated or superseded during
the first twenty (20) year period by an instrument singed by
the President and Secretary of the Association affirming that
such amendment caas approved by two-thirds (2/3) of the Owners
of the Lots covered by this Declaration or by an instrument
signed by tcao-thirds (2/3) of the Lot Owners; provided,
however, that if Grantor is still the Owner of any Lots the
provisions of Article VI may not he amended without the
written consent and vote of the Grantor.
IN 41ITNESS FIHEREOF, the undersigned, being the Declarant
herein, has hereunto set its hand and seal this
day of 1991.
tSax A. Boesiger, Inc.,
an Idaho Corporation
By
Ifax A. Boesiger Jr. Pres.
STATE OF IDAHO )
ss.
County of Ada )
On this day of _
the undersigned, a Notary Public in
personally appeared hlAX A. BOESIGER
to me to be the Fresident of Max A.
person who executed the instrument
corporation, and acknocaledged to me
executed the same.
1991, before me
and for said State,
JR. knoom or identified
Boesiger, Inc., the
on behalf of said
that such corporation
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: _
ONE SUBDIVISION DECLARATION - 24