HomeMy WebLinkAboutValeri Place Subdivision FP• •
MERIDIAN CITY COUNCIL JANUARY 5. 1993
The Regular Meeting of the Meridian City Council was called to
order by Mayor Grant P. Kingsford at 7:30 P. M.
Members Present: Ron Tolsma, Bob Giesler, Mak Yerrington, Bob
Cowie.
Others Present: Don L. Bryan, Wayne S. Forrey, Vicki Welker,
Larry Sales, Mike King, Walter Casey, Gary Smith, Jim Johnson,
Wayne Crookston, Jim Merkle, John Shawcroft, Bill Gordon, Teri
Foley, Mrs. Zimmer:
MINUTES OF THE PREVIOUS MEETING HELD DECEMBER 15, 1992:
The Motion was made by Tolsma and seconded by Giesler to approve
the minutes of the previous meeting held December 15, 1992 as
written:
Motion Carried:
Eng. Smith:
Superintendent,
ITEM #1: FINAL
Giesler: There
have those all
All Yea:
Introduced and welcomed new Wastewater
John Shawcroft.
PLAT ON PHASE #I OF VALERIE PLACE SUBDIVISION:
are a number of comments from the City Engineer,
been taken care of.
Eng. Smith: I haven't heard back yet.
The Motion was made by Tolsma and seconded by Yerrington to
approve the Final Plat of Phase #1 of Valerie Place Subdivision.
Motion Carried: All Yea:
ITEM #2: PRE-TERMINATION HEARING: WATER/SEWER/TRASH
DEL I NGlUENC I ES
Kingsford: This is to inform you in writing, if you choose to,
you have the right to a pre-termination hearing at 7:30 P. M. on
January 5, 1993 before the Mayor and City Council to appear in
person, to be judged on facts and defend the claim made by the
City that your water, sewer, trash bill is delinquent. You may
retain counsel. This service will be discontinued on January~20,
1993 unless payment is received in full. Is there anyone present
who wishes to contest their water, sewer, trash delinquencies?
No response. They are hereby informed that they may appeal or
have the decision of the City reviewed by Fourth Judicial Court
pursuant to Idaho Code. Even though they appeal, their water
wi 11 be shut off.
PLANNING & ZONING COMMISSION
JULY 14, 1992
PAGE 7
Hubble: Mr. Boesiger believes that that location could be really
close and we better take a look and if we 'are that close we
better line it up exactly. We will either line that up exactly
or provide enough off-set that it's not going to interfere with
traffic coming out, the other direction.
Hepper: Are you going with pressurized irrigation?
Hubble: The developer doesn't know at this time.
Hepper: Just wanted to confirm the minimum home size is 1500
square feet.
Hubble: No not necessarily. It will comply with the City
Ordinances.
Hepper: It says 1500 on your application.
Hubble: Okay. That's correct.
Johnson: Thank you. Anyone else to testify?
Kelly Vick, 521 Longford, was sworn by the attorney.
Vick: Is there consideration for the School system when these
are done?
Johnson: Schools are considered. We do have a letter from the
school district addressing that. The City of Meridian does not
have any control over what the School District does. Thank you
for your •testimony. Anyone else to testify? No response. I
will close the public hearing.
The Motion was made by Shearer and seconded by Rountree to pass
on a favorable recommendation and have the Engineer look at the
alignment of the street that has been discussed.
Motion Carried: All Yea:
ITEM #6: PUBLIC HEARING: REZONE REQUEST W/PRELIMINARY & FINAL
PLAT THE CORNER OF THE VINEYARDS #2:
Johnson: I will open the public hearing. Is there a
representative present?
Richard Boesiger, 131 Williams, Boise, was sworn by the attorney.
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FINAL PLAT
VALERIE PLACE SUB: # I:
COMMENTS
l: ADA COUNTY HIGHV~Y DIST: NOTHING RECEIVED AT THIS TIME:
2: CENTRAL DISTRICT HEALTH: CAN APPROVE WITH CEN'T'RAL WATER & SEWER
3: SE'ITL~S IRRIGATION: SEE INTER A'ITAC~iED:
4: SCHOOL DISTRICT: SEE LETTER ATTACHID:
5 : CITY ENGINEII2: SEE ATTACHED CONIl~L~iTS
6: FIRE DEPAR'I1~NT: FIRE DEPAR'Il~NT WILL NOT HAVE A PROBLEM WITH THIS SUBDIVISION:
LOT #l, BLK #1, LOT #1, BLK #2 & LOT # 1 , BLK #3, WILL NEID TO BE ICEP'P CLEAR OF
WEIDS & TRASH; THIS SUBDIVISION WILL O1~Y HAVE ONE ROAD IlV & OUT UNTIL REST OF
SUBDIVISION IS PUT IN:
7: POLICE DEPT: NO OBJECTIONS TO THIS APPLICATION:
8: ZONING ADMINSTRATOR: THE APPLICATION AS SUBMITTID SPECIFIES 7,700 SQUARE FEET ON THE
HC~S TO BE CONSTRUCTID IN THIS SUBDIVISION WITH A HOMEOWNERS MAINTAINED PARK ON
LOT # 7, BLOCK # 3: VALUE RANGE OF PROPERTY IS $1.25,000 AND UP:
REVIEW SHEET
Rezone #
n~JJ
iu
CENTRAL
•• DISTRICT
HEALTH
DEPARTMENT
Retum to:
^ Boise
^ Eagte
Garden City
eridian
s~~~i~rs~~,~
Conditional ^ Kuna
Preliminary FinaV hort Plat ~~C ~G~ yd~yye,~~y ~~~ ~~ ^ ACz
^ 1. We have no objections to this proposal.
^ 2. We recommend denial of this proposal.
^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this
proposal.
^ 4. We will require more data concerning soil condftions on this proposal before we can commern.
^ 5. Before we can comment concerning individual sewge disposal, we will require more data
concerning the depth of
^ high seasonal ground water
^ solid lava from original grade
^ 6. We
can approve this proposal for individual sewage disposal to be located above solid lava layers:
^
2 feet
^ 4 feet
7. After written approval from appropriate entities are submitted, we can approve this proposal for:
Central sewage ^ Community sewage system ^ Community water well
^ Irnerim sewage ~C Central water
^ Individual sewage ^ Individual water
~. 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health
and Welfare, Division of Environmental Cuality:
Cernral sewage ~ Community sewage system^ Community water
Sewa
e d
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~] 9. Street runoff is not to create a mosquito breeding probelm.
^ 10. This department would recommend deferral urnil high seasonal ground water can be determined
if other considerations indicate approval.
^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho
State Sewage Regulations.
^ 12. We will require plans be submitted for a plan reiew for any:
^ 13.
^ Food establishment ^ Swimming pools or spas
^ Beverage establishmern ^ Grocery store
^ Child Care Cerner
DATE: /d/< 7/~~~
_r
Reviewed by:
CDHD 10-91 rcb
S~LERS' IRRIGATION DIST~T
P.O. BOX 757'1 • BOISE, IDAHO 83707
PHONE 344-247'1
December 16, 1~2
Meridian City Council
33 East Idaho
Meridian, Idaho 83642
RE: FINAL PLAT: VALERIE PLACE (FORMERLY KASTLE FALLS?
To Whom It May Concern:
Settlers Irrigation has reviewed the plans for the above mentioned subdivison and will
require the same easements that were regiured in Gleimfield Manor #6 which was a full
E~een (15) feet from the pipe.
If you have any questions, please phone me at 343-5271.
Sfficerely,
U
Troy . Upshaw, Manager
Settlers Imgation District
• SUPERINTENDENTOFSCHOOLS
Bob L. Haley
CDR EXCE~`~ DEPDanMabe,Flinan el;<Administration
(~j y DIRECTORS
? ~~~,~~~ ~ Jim Carberry, Secondary
~ Christine Donnell, Personnel
Q Darlene Fulwood, Elementary
~ Doug Rutan, Special Services
JOINT SCHOOL DISTRICT N0.2
811 MERIDIANSTREET MERIDIAN,IDAH083642 PHONE(208)888-6701
December 21, 1992
Meridian City Council
33 E. Idaho
Meridian, Idaho 83642
Re: Valerie Place (Formerly Kastle Falls)
Dear Councilmen:
I have reviewed the application for Valerie Place Subdivision.
This planned development will accelerate the need for Joint
School District No. 2 to construct additional classrooms and/or
to adjust school attendance boundaries. Meridian Schools do not
have excess capacity. Nearly every school in the district is
beyond capacity.
The Meridian School District supports economic growth for Idaho
and specifically the district's area, but such growth produces a
need for additional school construction. We ask your support for
a development fee statute on new home construction. We ask your
support for a development fee statute on new home construction or
a real estate transfer fee to help offset the costs of building
additional school facilities. If this support is lacking then we
ask that additional residential development be denied.
Residents of the new subdivision cannot be assured of attending
the neighborhood school as it may be necessary to bus students to
available classrooms across the district.
We ask that you assure the developer will provide walkways, bike
paths and safe pedestrian access.
Sincerely,
a~a~b
Deputy Superintendent
DM:gr
OFFICIALS
JACK NIEMANN, City Clerk
JANICE OASS, Treasurer
BRUCE D. 8TUART, Water Works Supt.
WAYNE O. CROOKSTON, JR., Attorney
EARL WARD, Waste Water Supt.
KENNY BOWERS, Fire Chief
BILL OORDON, Pollee Chief
GARY SMITH, City Engineer
MEMORANDUM
•
HUB OF TREASURE VALLEY
A.Good Place to Live
CITY Off' MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433
FAX (208) 887-4813
GRANT P. KINGSFORD
Mayor
COUNCILMEN
RONALD R. TOLSMA
ROBERT 131ESLER
MAX YERRINOTON
ROBERT D. CORRIE
Chairman Zoning & Planning
JIM JOHNSON
Centennlel Coordinator
PATSY FEDRIZZI
December 18, 1992
T0: MAYOR, CITY COUNCIL
FROM: GARY D. SMITH, P. E.
RE: VALERI PLACE SUBDIVISION N0. 1 (Final Plat)
Originally submitted as Kastle Falls Subdivision
I have reviewed this submittal and have the following comments
for your consideration c~,tu-r~~n~ ~t0.~„ raring process, as conditions
o f the app 1 i can t : ,<:~Nw;;~~""~~ ~ ~' ~~~,:,, e~
1. Supply a let~t"er i.th a statemen;~f ~~onformance with
the approve Nrel iminary plat end ~~ "meet ing all the
requireme>r~~~'s conditions thereof ~" wl statement of
conforman~~e wit 'ie r rents and~~:provisions of
the subdivision ;~ordi. an~e. ~. ~ .~~
s~ ~ ~ ~ s ~ ~~ #R
2. Obtain 3T1 ~~,~a~,pp ~ tt r ~~ ~ ~~~ bounty for the
subdivisicn•~ name ca"~je~ ~'~~„ e see •Sl~division No. 1".
#~ ~ ~ ~
3. Obtain `fin app~+~rl~ t'e ~ ~ om the Adak County Highway
District ". for t~~~~sb-stan and sreet n~~te lengths of W.
Emerald Fills ~~,~""~W~~~il~ albs Co~,-rt, and N. Kastle
Falls Av~~`~. N. t~astle Falls Way as show~~~ on the plat would
k w:
have an Ave~nuec+s i gnat i on. , ~,~~,
~,, ~.
4. Execute the '"°•~erticate~J~ of wne>~~ and the accompanying
acknowledgement. '°~„~" x s
,.,`
5. Land Surveyor to stamp'Nand~sign both the front page of the
plat and the Certificate of Surveyor.
6. Make the following corrections to the Certificate of owners:
a) The second call reads N16°07'37"E in the legal and
N16°07° 36"E on the plat map. .
b) There are two references in the legal to Glenfield
Manor No.i that should read Glenfield Manor No. 6.
c) the twelfth call reads S89°53'46"E in the legal
and S89°33'46"E on the plat map.
7. Supply a letter from the irrigation district agreeing to the
eighteen (18) foot easement along the westerly boundary.
8. Street access for Lots 2, Block 3, and Block 2 appears to be
quite limited due to the length of the entrance island.
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REDDEST FOR SUHUIVISION APPROVAL
PRELIMINARY PLAT ANU/Ok FINAL PLAT
PLANNING AND ZONING COMMISSION
TIME TABLE FOR SUBMISSION:
A request for preliminary plat approval mint be iri the City
Clerks possession no later than three days following the
regular meeting of the Planning ar,d Zoning Commission.
The Planning ar,d Zoning Commission will hear the request at
the monthly meeting following the month the request Was
made.
After a proposal enters ttie process it may be acted upon at
subsequent monthly meetings pt•ovided the necessary
procedures and documentation are received before 5:f00 P. M.,
Thursday following the Planning and Zoning Commission
action.
GENERAL INFORMATION ~~~ ~~~
~Fb21"I Fft C,Y I~
1. Name of Annexation and Subdivision, ~~L~~1 P~ sy~3/J11/~5/O~/VO,
2. General Location, ~IW CoR OF Ca-IERR`f L~4NE LlNDC722D
3. Owners of record, J'~~ G~FS$oK l~ASSOC. Wc- /{•Np pn~S~Lp FtEtLS ~T~RplLsCS
Address, p0 BOx 8$~ I''I~-IDta•N.Zipg~~7'elephone 8$Q- 5~DU
ENTEl~RlSE
4. Applicant, LML'T1J`E i-0 ~.Ul, Address,
5. Engineer, ~•II''~ ME~,KL~ Firm ~uf3 LE F.I,/GlNL'~"E2.IPlG,
Address 9S5y BE'71-fEL CT . Zip~337 Telephone 322-$`~92
' LO1SG-
6. Name and address to receive City billings: Name EMF~2~4L~ FALLS
(~TQ2~21SC'~ Address. Pdl~x 88~ ~t~'-IDIq~ Telephone 888-5(cOD
x(08 O
PRELIMINARY PLAT CHECKLIST: Subdivision Features
i. Acres I i,.Z
2. Number of lots 3y S~N~~ Fn~n!!.y 37 -roTAL
3. Lots per ecre 3 D VoTS ~A C,
4. Density per acre 3.O Loi S
5. Zoning Classification t s) rZ - y
tl!
• ~ 1 s • • •
6. If the proposed subdivision is outside the Meridiem City
Limits but within the ~urisdictiunal le, what is the
existing coning classification N //t
7. Does the plat border a potential green belt r1O
8. Have recreational easements been provided for YCS I.oT 7 (31.JC 3
9. Are there proposed recreational amenities to the City No
Explain
10. Are there proposed dedications of common areas? Y GS
Explain G01~tMDIJ f~N~SGAP~ A1,ONG. u.1ERRy tAAIE ~How+EowN~ P/
- _ . IN L.OT '7 8t_oC K- 3
For future parks? y~5 Explain Fa~2 liori+~ov.~ac~2s
11. What school t s ) service the area ~`'IE21D1lkN , do you
propose any agreements for future school sites I~lo
Explain
12. Other proposed amenities to the City Water Supply /
Fire Department / Other _
Explain- StWE1Z /
13. Type of Building (Residential, Commercial, Industrial or
combination ) IZCStf7GN'RAL
19. Type of Dwelling(s) Single Family, Duplexes, Multiplexes,
other SINGLE rr~MIL`/
15. Proposed Development features:
a.
b. Minimum square footage of structure t s ) I'7O0 5I-
c. Are garages provides for, ~_square footage 2'3 ~'~
d. - Are other coverings provided for IV~A
e. Landscaping has been provided for f , Describe
Minimum square footage of lot t s) , f~000 SF
! )V Co+~- wt onl kR,E~4 5 RS W !~ f3E STI~b
1`l C.DV rrN Artt'CS '
t2)
. .,.
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f. Trees will be provided for ~. Trees will be
maintained 1N GoMMD~ ~FfL~'
g. Sprinkler systems are provided for IN COMMO/J r4fZP.~'S D~
h. Are there multiple units 1~1(~ Type
remarks
i. Are there special set back requirements_`/~'-S .
Explain 5•EVE2/~C. Cu~.pC$ArG 1.-OTS NIVL 11~4rVa` SPgGA~, SGT A GK-S
To M ~~T -~o ~ w i OT7-1 REO'MNTS .
~. Has off street parking been provided for , Explain
k. Value range of property ~ IZ.S,DOO ~ ldf
1. Type of financing for development~~~ ~V~ ~~KRN~UN~
m. Protective covenants were submitted . Date Cw~~-~ B~~
16. Does the proposal land lock other property
Does it create Enclaves IJO
STATEMENTS OF COMPLIANCE:
1. Streets, curbs. gutters and sidewalks are to be constructed
to standards as required by Ada County Highway District and
Meridian Ordinance. Dimensions will be determined by the
City Engineer. All sidewalks will be five (5) feet in
width.
2. Proposed use is in conformance with the City of Meridian
Compreriensive Plan.
3.
~.
J.
6.
Development will connect to City services.
Development will comply with City Or•dir,ar,ces.
Preliminary Plat will include ell appropriate easements.
Street names must not conflict with City grid system.
t3)
. , .~
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~`~ RUBBLE ENGINEERING, INC.
Qy 9550 Bethel Court ^ Bolse, Idaho 83709 208/322-8992 ^ Fex 208/378-0329
~ suAV~'~o
Project No. 92083 11/30/92
DESCRIPTION FOR V~LERI t'LAC-~
- "" "" ~ r"' ' ° SUBDIVISION NO. 1
A PORTION OF THE S112 SE1/4, SECTION 2,
T.3N., R.1 W., B.M.,
MERIDIAN, ADA COUNTY, IDAHO
A parcel of land lying in a portion of the S1/2 of the SEi/4 of Section 2, T.3N.,
R.1 W., B.M., Meridian, Ada County, Idaho, and more particularly described as follows:
_Commencing at the brass cap marking the one-quarter corner common to
Section 11 and the said Section 2;
thence South 89°33'46" East 2,655.48 feet along the Southerly boundary line of
the said SE1 /4 of Section 2, which is also the centerline of West Cherry Lane, to a brass
cap marking the section corner common to the said Sections 2 and 11 and Sections 1
and 12;
thence North 89°33'46" West 850.09 feet along the said Southerly boundary line
of the SE1/4 of Section 2 to a point;
thence North 0°26'14" East 40.00 feet to a 2-inch pipe, also said point being the
REAL POINT OF BEGINNING (INITIAL POINT);
thence along the following courses and distances to iron pins:
continuing North 0°26'14" East 347.29 feet;
thence North 16°07'3T' East 68.17 feet;
thence North 45°06'20" East 23.01 feet;
thence South 89°33'46" East 87.92 feet;
thence North 0°26'14" East 49.00 feet;
thence South 89°33'46" East 175.00 feet;
thence North 0°26'14" East 129.00 feet;
Sub. No. 1 Page 1 of 2
`__
.• ~ •
i'
Project No. 92083 11/30/92
thence North 89°33'46" West 32.35 feet;
thence North 0°26'14" East 110.00 feet to a point on the Southerly boundary line
of Glennfield Manor No. 6, a subdivision, as filed for record in the office of the Ada
County Recorder, Boise, Idaho, in Book 58 of Plats at pages 5627 and 5626;
thence North 89°33'46" West (formerly described as North 89°33'4T' West)
844.97 feet along the said Southerly boundary line of Glennfield Manor No. 1 top a point
marking the Southwest corner of the said Glennfield Manor No. 1;
thence South 2°08'39" East 733.03 feet along the Easterly boundary and the
extended Easterly boundary line of One Subdivision No. 2, as filed for record in the office.
of the Ada County Recorder, Boise, Idaho, in Book 59 of Plats at pages 582'1 and 5822
to a point on the Northerly right-of-way line of the said West Cherry Lane.
thence South 89°53'46" East 546.77 feet along the said Northerly right-of-way line
of West Cherry Lane;
thence North 0°26'14" East 15.00 feet to the point of beginning, comprising
11.18 acres, more or less.
Prepared by:
NUBBLE ENGINEERING, INC.
\s,, ~~ (~Yp~`
f O F ~ ~~
°~~ Hua%
E. Don Hubble, P.E./L.S.
EDH/JCM/GLR/dkg/368.des
Sub. No. 1 Page 2 of 2
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17UR VALUL REt..EIV~p GLENN NYBDRD AND MXLARED L. NYBORG, TRUSTEES OF THE GLENN &
MILLIE NYBORG FAMILY TRUST ESTABL7.SHED BY AN ACREEMCNT DATED OCTOBER 26, 1990,
Cranlor s , do hereby grant, bargnin, Fe11 And convey unto VICKI WELItER, AN UNMARRIED PERSON,
DOING BUSINESS AS EMERALD FALLS ENTERPRISE, AND J. G1850N & ASSOCIATES, INC., AN
xDAHO CORPORATION ~~+~~
the Grantees ,whose currant addn:ss is: f ~p~ox ~~ ~$ `~~'t- `~~'' '~'~
the following described real property in ADA ~:aunty, State of Idaho, more partlculaty described as
follows, t~-wit:
S1rE THE" ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION, WIIICII BY THIS REFERENCE IS
INGORPORATED Hi~LtE1N.
'1'O HAVE AND TO J~ULD the slid premises, with their appurtenances unto the said tirantce s ,and Grantee s heirs
rand assigns fnrever. And the said Ciranlor s do herei~y covc;nant to and with the said G,lraniccs , the C3rantora ere rho '
owner 5 1n f&B SimPI~ Uf Said ~r~miSCS; lht~l said nr~miacs ~trc free from all encumbrances, LKCEPT those to which this ,
conveya»ce is expressly made subject and those made, suffered or done. by the Grentc:n s ;and subject to reservations,
restrictions, dedications, easements, rights of wny and agreements, (if any) of record, and general taxCS and assessments,
(includes irrigalian and utility asst:.r.Smcnts, {if any) fctr iAe current year, wJtich are not yet due and payable, and that Grantors
will warrant and defend the same from ap lawful claims whatsoever.
WARItAN1"Y DEED •
tti~utvtuunt.)
Dated: NovembQx O1, 1992
GLENN
~... -l ~_•~ .a~S~.
MILDRED L.~NYI30RG, TRUST ~"~' ;
_ _._~,.. __................,...4,.~ a ..... _._ ~....~,...~
- i F..~r•-t~.~.. -,.-
STATE OF Idaho Count ut' .......
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. •(5n ti?,is~++r..,.2. •.. daY of -..,.November ,
•~~`', ~Janeti;L..~$~DSCh •~.--- , in the year of ...1992 , ,before me
'' ,. ..,.... + s, „~_ _... _.... .., n notary public,
~•'-~rtot~~illy.atslSoyir¢d•-- -....._ Glenn Tlybor~ ettd~Mildr~d L,, Nybe~_,,., ~ . ~ ,•.
•~ ' ~Sno~t~lt~r''id~p~ti~ied its me to be the person whose name is subsrribtrd to the within instrument as
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~' '•ttrutu.cti;~li~!rS~ rte.) dated October 26, ~ Bement the
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SUBDIVISION EVALUATION SHEET
Proposed Development Name VALERI PLACE SUB N0. 1 City MERIDIAN
formerly KASTLE FALLS SUB
Date Reviewed 06/25/92 Preliminary Stage X~WCiXX Final
Engineer/Developer Hubble Engr /Emerald Enterprises Date Sent
The following SUBDIVISION NAME is approved by the Ada County Engineer or his
designee per the requirements of the IDAHO ST COD
The Street name comments listed below are
STREET NAME COMMITTEE (under direction of
development in accordance with the Boise
g, Date / Z / ~Z
ma y t e members of the AD CO
:he Ada County Engineer) regarding this
City Street Name Ordinance.
The followine existinE street names shall appear on the vlat as:
"W. CHERRY LANE"
The following new street name is approved and shall avnear on the ulat as:
"N GOLD FALLS PLACE"
The followin new street names are over ten letters in leneth and cannot be
approved unless the Ada County Highway,District will approve in writine for the
len th of the names:
"W. EMERALD FALLS COURT"
"W. SILVER FALLS COURT"
"N. KRYSTAL FALLS AVENUE"
"W. EMERALD_FALLS DRIVE"
The above street name comments have been read and approved by the following
agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the
signatures must be secured by the representative or his designee in order for the
street names to be officially approved.
ADA COUNTY STREET NAME COMMITTEE,
OR DESIGNEES
Ada County Engineer John Priester '/~~~ ', ~ c TT^-' Date
Ada Planning Assoc. Terri Raynor G Date Z ~ CJ Z_
Meridian Fire Dept. Representative Date
NOTE: A copy of this evaluation sheet must be presented to the Ada County
Engineer at the time of signing the "final plat", otherwise the plat will not be
signed 1111 Sub Index Street Index
NUMBERING OF LOTS AND BLOCKS ( / I/ ~~ ~12~~7
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE GASS, Treasurer
BRUCE D. STUART, Water Works Supt.
WAYNE G. CROOKSTON, JR., Attorney
JOHN SHAWCROFT, Waste Water Supt.
KENNY BOWERS, Fire Chief
BILL GORDON, Police Chief
GARY SMITH, P.E., City Engineer
HUB OF TREASURE VALLEY
A Good Place to Live
C
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CITY OF MERIDIAI~T RONALD R. TOLSMA
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ESI
.ER
33 EAST IDAHO MAXYERRINGTON
ROBERT D. CORRIE
MERIDIAN IDAHO 83642 chalrmaa zoning e, Planning
Phone (208) 888-4433 JIM JOHNSON
FAX (208) 887-4813 CentennlatCoordlnator
GRANT P. KINGSFORD PATSY FEDRIZZI
Mayor
October 28, 1993
Ms. Vickie Welker
P.O. Box 888
Meridian, ID 83680
RE: Letter of Credit for
Street Lights
e Subdivision #1
~-
Dear Vickie Welker, ~ ~', x~~
In checking through the City Files, we have ~~,ound the attached
Letter of Credit .~ha~Xwas ,gsted with the City c~~;, Meridian has now
expired for Val'i Place,"Su~iviszZ I. $~y,
We are hereby attachir
if needed. ~ ~ F~~°
Sincerely,
~--~~~
William G. Berg,
City Clerk
Attachment:
to %~this letter .for red
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MERIDIAN CITY COUNCIL JANUARY 19. 1993
The Regular Meeting of the Meridian City Council was called to
order by Mayor Grant Kingsford at 7:30 P. M.:
Members Present: Bob Giesler, Ron Tolsma, Bob Corrie, Max
Yerrington:
Others Present: Wayne S. Forrey, Charles Weymouth, Frank
Thomason, John Andersen, Henry Weick, Daren R. Coon, Gary Smith,
Bill Gordon:
MINUTES OF THE PREVIOUS MEETING HELD JANUARY 5, 1993:'
The Motion was made by Tolsma and seconded by Giesler to approve
the minutes of the previous meeting held January 5, 1993 as
written:
Motion Carried: All Yea:
ITEM #1: COVENANTS VALERIE PLACE SUBDIVISION #1:
Kingsford: Asked if City Engineer had talked to Developer
concerning his comments. -
Eng. Smith: Comments submitted to City Clerk.
Crookston: I also submitted comments to City Clerk.
The Motion was made by Giesler and seconded by Tolsma to approve
the covenants on Valerie Place Subdivision #1 conditioned upon
meeting comments of Engineer and Attorney.
Motion Carried: All Yea:
ITEM #2: DAREN COON, NAMPA MERIDIAN IRRIGATION:
John Anderson, Nampa Meridian Irrigation District: Passed out a
Standard Specifications sheet to Council Members. What Nampa
Meridian .Irrigation District is proposing to do is look at Urban
Irrigation District Pressurized. What we are looking for is
support from the City of Meridian as far as working with us to
require development to put in the dry lines so that we can come
through and pressurize the water. Our Engineers have designed a
system for the Vineyards, we came up with approximate costs
without bidding it of 5750.00 per lot. Explained it being done
in City of Kennewick. Basically we would just like your support.
C
JANUARX 5 , 7.9 9 3
MAYOR
COUNCIL MEMBERS
ENGINEER
ATTACHED ARE THE COVENANTS. ON VALERIE FLACE SUBDIVISION
PHASE # I FOR XOUR REVIEW:
THESE WILL BE ON THE COUNCIL AGENDA k'OR. JANUARX 7,9, 7,992:
JACK NIEMANN
CITY CLERK
•
COSHO, HUMPHREY, GREENER & WELSH, P.A.
LOUIS H. COSHO COUNSELORS AND ATTORNEYS AT LAYV GALE CLEMONS (1911 -1883)
HOWARD HUMPHREY
RICHARD H. GREENER CARNEGIE BUILDING
R. MICHAEL SOUTHCOMBE 815 WEST WARRINGTON STREET OFFlCE ADMINIStRA70R
STANLEY W. WELSH
MAX A. EIDEN BOISE, IDAHO 83702 BUD BENTON
RANDALL C. FREORICK3 TELEPHONE (208) 344-7811
FliEDRIC V. SHOEMAKER
FAX
CHRISTOPHER BURKE ~~) 338.E
RORY R. JONES
STEPHEN J. GLEDHILL
JOSEPH M. METER ~~
~„u°,, ~ N,~C'~O,.A$ January 4 , 19 9 3 alvtyvc~w taw qwH
RosERr w TALBOY ~-
JOSEPH W. HOLLAND
KATHRYN A. SrICKLEN
WILLIAM M. LOOMIS
CRISiY M. CONE ~
SCOTT TSCHIRGI
HAND DELIVER$D
~ 1
Mr. Wayne~G. Crookston, Jr.
Ambrose, Fitzgerald & Crookston
1530 West State Street
Meridian, Idaho 83642
Re: Valeri Place Subdivision No. 1
CHGW File No. 7501-01
Dear Wayne:
Enclosed please find proposed drafts of the Declaration,
Covenants, Conditions and Restrictions, Articles of Incorporation
and Bylaws for Valeri Place Subdivision No. 1 which I understand
is up before the City Council at its meeting scheduled for
January 5, 1993.
Would you please review and advise me of any comments or
requested changes.
Thank you.
FVS/slr
Enclosures
cc Jack Niemann w/encl.
Vicki Welker
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR VALERI PLACE SUBDIVISION N0.1
THIS DECLARATION is made effective on the day of
.1993, by KASTLE FALLS SUBDIVISION PARTNERSHIP,
an Idaho limited partnership, hereinafter referred to as °Declarant°.
I
WHEREAS, Declarant is the owner of certain real property in the County of Ada,
State of Idaho, hereinafter. refs ed to as the °Property°, more particularly described as
follows:
The Plat of Valeri Place No. 1, recorded as Instrument No.
in Book _ of Plats, at pages through
records of Ada County, Idaho.
NOW, THEREFORE, Grantor hereby declares that the Property and each Lot,
parcel or portion thereof is and 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 terrYos, 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 an 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, 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.
ARTICLE I
DEFINITIONS
1.1 °Architectural Control Committee° or °Committee° means the
Architectural Control Committee created by this Declaration as described in Article III.
1.2 °Articles° shall mean the Articles of this Declaration. -
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including contract sellers, but excluding those having such interest merely as security
for the performance of an obligation.
1.14 °Plat° shall mean the recorded Plat of Valeri Place Subdivision and the
recorded Plat of any other Properties annexed hereto.
1.15 °Property°, °Properties° or °Project° shall mean and refer to the real
property hereinbefore described, and such additions thereto as rr4ay hereafter be
annexed and brought within the coverage of this Declaration as more particularly
provided for herein. For marketing purposes, the Property may be referred to as °Kastle
Falls°.
1.16 ~ °Setback° means the minimum distance established by law between the
dwelling un~ or other structure referred to and a given street, road or Lot line.
1.17 °Unit° shall mean one residence or dwelling which shall be situated upon
a Lot.
ARTICLE II
GENERAL COVENANTS, CONDITIONS AND RESTRICTIONS
2.1 Exterior Maintenance: Owrner's Obligations. 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.
2.2 Imarovements Location (Setbacks). No Building will be located on any
Lot near than twentyfive (25) feet to the front Lot line or nearer than twenty (20 feet to
the rear Lot line. On comer Lots the street side Lot line shall be at least twenty- ive (25)
feet. Single story homes will be at least five (5) feet from one side Lot line and at least
ten (10) feet from the other; PROVIDED, HOWEVER, no home shall be built nearer
than fifteen (15) feet to any existing home. Two story homes shall have at least ten
(10} feet on each side Lot line. Eaves, steps and gutters shall not be considered as part
of the building for the purpose of this section; PROVIDED, HOWEVER, that this shall
not be construed to permit any eaves, steps or gutters or any portion of the building on
any Lot to encroach upon any other Lot. Open patios shall not be considered as a part
of the building, but any open patio which would extend beyond the building lines as
herein established shall, prior to construction, require the approval of the Architectural
Control Committee. All improvements constructed on any Lot shall conform to the
foregoing setback restrictions unless specifically waived in writing by the Architectural
Control Committee who shall in all events not grant a variance except as may be in
conformance with applicable with Meridian City ordinances unless a variance is granted
by the City through its approved procedures.
2.3 Nuisances: Offensive Activities. No noxious or offensive activity,
including without limitation, those creating an offensive odor, shall be carried on upon
any Lot, nor shall anything be done thereon which may be or may become an
annoyance or nuisance to the neighborhood. No trade, craft, business, profession,
commercial or other similar activity of any kind shall be conducted on any Lot, nor shall
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any goods, equipment, vehicles, materials or supplies used in connection any trade
service or business be kept or stored on any Lot excepting the right of any homebuilder
and the Declarant to construct residences on any Lot and to store construction materials
and equipment on said Lots in the normal course of construction.
2.4 Compliance with Zoning Ordinances. All local laws, zoning
ordinances and regulations of all governmental bodies having jurisdiction over the
Property shall be observed.
2.5 Use of Common Area. The Common Area shall be used only for the
purposes for which they are intended in the furnishing of services and facilities for the
enjoyment of the Lots. There shall be no use of the Common Area except by the
Owners thereof, their invitees, guests or tenants. There shall be no obstruction of any
of the Common Area. Nothing shall be stored, kept, parked, built, erected, installed or
altered in the Common Area without the prior consent of the Association. No waste
shall be committed in the Common Area.
2.6 Land Use. Building Type and Exception. No Lot shall be used except
for residential purposes, and no Lot shall be used for the conduct of any trade or
business or professional activity. Notwithstanding the foregoing, an Owner will be
allowed to conduct a °garage sale° upon such Owner's Lot. An Owner may on an
occasional basis sell the young of any domestic pets which are otherwise authorized
under this Declaration, provided, however, that nothing herein shall be deemed to
authorize the approval of the operation of a commercial kennel or the breeding of any
domestic animal for commercial purposes on any 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.
2.6.1 Exce ion. Declarant or Declarant's affiliate may continue to
operate a nursery on any Lot or any portion of the Property owned by Declarant
or Declarant's affiliate and may utilize streets within the Property to move, plant
and relocate trees, shrubs and other nursery products.
2.7 Size Limitations and Garages. The minimum floor area of each single
family dwelling erected upon a Lot, exclusive of garages, patios, breezeways, storage
buildings, porches and similar structures shall be 1,700 square feet for aone-story
house and 2,200 square feet for a two-story or tri-level house. No split level homes
shall be allowed. No garage for less than two nor greater than four automobiles shall be
permitted on any Lot and garage doors shall be limited to three automobile widths,
except that one garage door may be oversized for a recreational vehicle. No portion of
any dwelling originally constructed for use as a garage may be converted to any other
use.
2.8 Roofin Only shake or the roofing shall be used on any structure
constructed on a Lot unless approved otherwise in writing by the Architectural Control
Committee. -
2.9 Landscaping. All Lot owners shall prepare and submit a landscape plan
to the Architectural Control Committee. Unless otherwise required by said Committee, -
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all portions of a Lot which are unimproved with a dwelling, garage, patio or other
structure shall be landscaped. Landscaping in the front yard and street side yards on
comer Lots shall include sodding and the planting of no less than three ornamental
trees of a size and type as may be approved by the Architectural Control Committee's
rules. Grass shall be planted in the back yard within six (6} months of occupancy. All
landscaped areas shall be watered by pressurized sprinkler system.
2.10 Fences. No fence, hedge or boundary wall situated anywhere upon any
Lot shall have a height greater than six (6) feet, or such other lesser heights as the
Architectural Control Committee may specify, above the finished graded surface of the
ground upon which such fence, hedge or wall is situated. Chain-link fences are hereby
prohibited, EXCEPT where required by Declarant or any public agency in order to
secure utility sites, irrigation or drainage facilities, or other public use as deemed
necessary. All fences shall be of vertical cedar design and construction. No fences of
basket~nreave design shall be allowed. No fence shall be constructed past the front lot
plane of the dwelling. On comer Lots, no fence shall extend past the front of the
dwelling, nor stop at the rear plane of the dwelling on the street side yard, nor be closer
than ten (10) feet to the side Lot line. No fence, wall, hedge or shrub planting which
obstructs sight lines at an elevation between three (3) and eight (8) feet above the
roadways shall be placed or permitted to remain on any comer 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 lines or, in the case of a rounded property comer,
from the intersection of the street property lines extended.
2.11 Exterior Lighting_ Exterior lighting and interior lights reflecting outside
shall not be placed to cause glare or excessive light spillage onto neighboring Lots.
2.12 Temporary Structures. No improvements of 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 ether temporarily or permanently.
2.13 S~ign~s. No sign of any kind shall be displayed to the public view from the
Property without the written approval of the Architectural Control Committee, except one
sign of not more than three (3) feet by two (2) feet advertising a Lot for sale or lease and
except such signs as may be used by Declarant in connection with the development of
the Property and sale of Lots. This restriction shall not prohibit the temporary placement
of political signs on any Lot by the Owner.
2.14 Oil and Mining 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.
2.15 Animals. 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 they 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
regulati®ns. Owners are encouraged to place dog runs and kennels in rear yards. They -
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•
shall only be permitted to be placed and maintained in rear or side yards and in no
event shall such structure be visible from a street. All such kennels or facilities shall
comply with all applicable laws and rules, except that dog runs and kennels may be
placed within side and rear yard setback lines.
All dogs and cats or household pets kept on these premises shall be properly fed
and cared for and shall be adequately fenced so as not to annoy or trespass upon the
use of property of others. Doffs shall not be allowed to run at lar a and must be
leashed when outside any dwelling or fenced yard. No more than two~(2) animals may
be kept at one time, except that a litter of young may be kept until eight (8) weeks old.
2.16 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 within 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 b® kept. in a clean, neat and sanitary condition.
2.17 Sight Distance at Intersections. No fence, wall, hedge or shrub
planting which obstructs sight lines at elevations betwreen three (3) and eight (8~ 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
thirty (30) feet from the intersection of the street lines, or in the case of a rounded
Property comer 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 the 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.
2.18 Declarant's Riaht. Declarant reserves the right to construct residences
and other improvements upon said Lot and to offer the same with completed structures
thereon for sale to individual Owners.
2.19 Boats. Campers and Other Vehicles. Parking of boats, trailers,
motorcycles, snowmobiles, golf carts, maintenance equipment, trucks, motor homes,
campers and like equipment, including any junk cars, inoperable cars or vehicles, or
unsightly vehicles, shall not be allowed on any part of the Property, nor on streets
adjacent thereto or within the Property, excepting only within the confines of an
enclosed attached garage. Notwithstanding the foregoing, any Owner or guest of any
Owner may park a trailer, boat, motorhome or camper on a driveway or a public street in
the Property for a maximum of three (3) consecutive days, provided such is not in
violation of the ordinances of the City of Meridian. The Committee shall be the sole and
exclusive judge of approved parking.
2.20 Sewaae Disposal. No individual sewage disposal system shall be
permitted on any Lot. All recorded Lots within this Subdivision shall be subject to and
restricted by the following recorded Subdivision Covenants:
2.20.1 A monthly sewer charge must be paid after connecting to the
Meridian City public sewer system, according to the ordinances and laws of
Meridian City.
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2.20.2 Owner shall submit to inspection by either the Department of
Public Works or the Department of Building Safety whenever a subdivided Lot is
to be connected to the sewage system.
2.20.3 The Applicant/Owner of the Subdivision shall and hereby does
vest in Meridian C'~y the right and power to bring all actions against the Owner of
the Premises hereby conveyed or any party thereof for the collection of any
charges herein required and to enforce the conditions herein stated.
2.20.4 The recording of this plat by Declarant shall be deemed and
construed as a request for the annexation of its Property to the corporate limits of
Meridian City. Such requests and consents shall be binding on all subsequent
purchasers or Owners of Declarant's property.
2.21 Bathrooms. All bathrooms, sink and toilet facilities shall be inside
residence buildings and shall be connected by underground pipes directly with the
sewer system.
2.22 Antennae. No television antennae, satellite receivers or radio aerials
shall be installed on the Property, other than within the interior of a Unit.
2.23 Unsightly Articles. No unsightly articles shall be permitted to remain on
any Lot as to be visible from any other portion of the Properly. 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 scrap 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 writing, by the Architectural Control Committee. Screened°
is defined as being concealed or made non-visible from eye level, at grade, at all points
within the Property.
2.24 Construction. During the course of actual construction of any
permanent improvements, the restrictions contained in this Declaration and any
supplemental declarations shall be deemed waived to the extent necessary to permrt
such construction, provided that during the course of such construction nothing shall be
done which will result in a violation of these restrictions upon completion of construction
and all construction shall be diligently prosecuted to completion, continuously and
without delays.
2.25 Reconstruction. In any case where it is necessary to reconstruct a Unit,
said reconstruction shall be prosecuted diligently, continuously, and without delays from
time of commencing thereof until such structure .is fully completed and painted, unless
prevented by causes beyond control and only for such time that such causes continue.
2.26 Prosecution of Construction Work. The construction of all dwelling
houses and structures shall be prosecuted diligently, continuously and without delays
from the time of commencement thereof until completion and painting. All structures - -
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shall be completed as to external appearance, including finish painting, within one (1)
year from the date of commencement of construction, except as may be expressly
extended by the Architectural Control Committee.
2.27 Maintenance and Repair. In the event the improvements on any Lot
shall suffer damage or destruction from any cause, the Owner thereof shall undertake
the repair, restoration and reconstruction thereof within ninety (90) days of such damage
or destruction. _
2.28 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 Declarant or the Architectural
Control Committee. The Owner of any Lot who dumps such material shall be liable for
the cleanup and/or removal costs.
2.29 Excavation. No excavation for stone, sand, gravel, earth or minerals
shall be made upon a Lot unless such excavation is necessary for the construction of
improved structure thereon.
ARTICLE III
ARCHITECTURAL CONTROL COMMITTEE
3.1 Architectural Control Committee. The architectural control of the Lots
and Common Area within the Property shall be mana ed by the Architectural Control
Committee, which shall consist of no less than three (3~ persons and no more than five
(5) persons as the Board may determine. The Committee decisions may be made by a
majority of its members. The initial Architectural Control Committee shall be comprised
of Vicki Welker, Jack Gibson and James IgeJ, who shall serve until the last Lot in the
Project or in any annexed Property, is sold and the plans for such improvements
thereon have been approved byy the Committee. Thereafter, the Architectural Control
Committee shall be appointed b the Board of Directors of the Association who may
appoint one or more of its members to serve on the Archkectural Control Committee
and whose members shall in all events be owners of the Lots in the Project. The
committee shall act as an Architectural Control Committee and shall, prior to any new
construction in said subdivision, be furnished with one set of detailed plans and
specifications of any proposed building to be located on said Property and shall be
allowed fifteen (15) days to review said plans, drawings and specifications. If said
Committee shall approve the proposed building, or any modification or alteration
thereof, they shall so indicate by the dating and signing of the set of plans by two
members of the Committee, and their a proval shall be construed as full compliance
with the provisions of paragraph one (1~ of the original Covenants. Said Committee
shall have the sole discretion to determine what shall be substantial compliance with
said Covenants. No building shall occupy any portion of said Property without prior
consent of said Committee.
A Committee member may participate in the Committee's decision regarding his
own improvements on his own plans and specifications. Notwithstanding any other
provision to the contrary in this Declaration, a majority of said Committee is empowered
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to act for the Committee. In the event any member of the Committee is unable to act or
fails or desires not to act, the remaining Committee members shall appoint an Owner of
a Lot in said Subdivision to serve on said Committee, all of whom serve without
compensation.
Neither the Committee, its members nor Grantor shall incur any liability for any
omission or act by any of the above-named parties under this Article 3 or in the
enforcement of this Declaration.
3.2 Architectural Rules and ReQUlations. The Architectural Control
Committee may, and is hereby empowered, to promulgate rules and regulations in
conformance wrth this Declaration, which shall further detail the substance of all
architectural control requirements applicable to the Project and improvements to be
constructed thereon and may also promulgate procedural rules and regulations
concerning submission of plans to the Commmee. Such rules and regulations shall
have the same force and effect as this Declaration and may be enforced by the
Declarant or the Association in the same manner as this Declaration may be enforced,
whether or not such rules and regulations are recorded.
3.3 Architectural Control. No improvements which will be visible above the
ground or which will ukimately 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 plat plan have been reviewed in advance by the Architectural Control
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 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. The Committee may also consider whether the proposed structure
and design shall be in harmony with the surroundings, the effect of the building or other
structure or alterations therein as planned when viewed from the adjacent or
neighboring property effect or impairment that said structure will have on the view of
surrounding building sites, and any and afl other factors which, in the Committee's
opinion, shall affect the desirability of such proposed structure, improvements or
alterations. Actual construction shall comply substantially with the plans and
specifications as approved. This Declaration is not intended to serve as authority for the
Committee to control the interior layout of design of buildings except to the extent
incidentally necessitated by use and size requirements.
3.4 Review of Proposed Construction. The Committee shall consider and
act upon any and all proposals which shall be submitted in writing and contain plans and
specifications submitted to it for its approval pursuant to this Declaration and in addition,
shall have the right to inspect the construction of the improvements in progress to
ensure their conformance with the plans approved by the Committee. The Committee
shall have the power to determine and make, provide for and adopt rules to determine
which types of improvements and whether such improvements satisfy the requirements
imposed by this Declaration and are in harmony with the purpose of this Declaration. -
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The Committee shall approve proposals submitted for its approval only if it determines
that the construction, alterations or additions contemplated thereby and the locations
indicated will not be detrimental to the appearance of any structure and the Property in
general, and will be in harmony with the Property and surrounding structures.
3.4.1 Conditions on Approval. The Committee may condition its
approval upon such changes therein as it deems appropriate and may require
submission of additional plans and specifications or other information before
approving or disapproving any proposal submitted.
3.4.2 Detail of Plans. The Committee may in its sole discretion
determine the level and nature of detail of plans and specifications submitted for
its ~eview as it deem proper, including w~hout limitation, landscape plans,
drai age plans, eleva ion drawings and descriptions or samples of exterior
material colors. Until receipt by the Committee of any required flans,
specifications and additional information, the Committee may postpone review of
any plans submitted for approval.
3.4.3 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 within f'rlteen (15) days after the
filing of all materials required by the Committee. The complete application,
including any additional materials and detailed plans requested by the
Committee, shall be deemed approved unless written disapproval or requests for
additional information shall have been mailed by the Committee or any member
thereof to the Applicant within fifteen (15) da s after the date of filing of said
materials with the Committee. Such fifteen (15~ day period shall only commence
to run when the Committee has acknowledged in writing the acceptance of such
application as complete.
3.4.4 Committee Office and Address. The Committee's office
address and agent for purposes of submission of plans and additional material
shall be Vicki Welker. All plans and material shall be submitted to him personally
or at the following address: P.O. Box 888, 1994 West Sandalwood, Meridian,
Idaho 83680.
3.5 Meetings of the Committee. The Committee shall meet from time to
time as is necessary to perform its duties hereunder. The vote of any two members of
the Committee, or the written consent of any two members of the Committee taken
without a meeting, shall constitute an act of the Committee.
3.6 No Waiver of Future Aaarovals. The approval of the Committee of any
proposals for any work done or proposed, or in connection with any other matter
required in 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
proposal subsequently or additionally submitted for approval or consent by that or any
other applicant.
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3.7 Inspection of Work. At any time during construction or after completion
of construction, the Committee or any member thereof may inspect the work and should
the Committee determine that the work or improvements are not being made in
conformance with the plans and specifications submitted to and approved by the
Committee, may notify the applicant and demand that such improvements be
constructed or reconstructed in accordance with the submitted plans and specifications.
Should the applicant: the Owner or the applicant's or Owner's contractor fail to construct
or reconstruct the improvements in accordance with the plans and specffications
submitted within five (5) days after written notice of noncompliance by the Committee,
the Committee may seek any judicial remedy at law or in equity, including a mandatory
or affirmative injunction to require compliance with such plans and specifications, or this
Declaration, and shall additionally be entitled to recover its reasonable attorneys fees
and costs.
3.8 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 with respect to the matter for which the variance was 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 setback lines or requirements imposed by the City of Meridian or
any govemmental authority.
ARTICLE IV
EASEMENTS
4.1 Maintenance and Use Easement Between Walls and Property Lines.
Whenever the wall of a structure or a fence constructed on a Lot under plans and
specifications approved by the Committee is located within three (3) feet of the property
line of such Lot, the Owner of such Lot is hereby granted an easement over and on the
adjoining Lot (not to exceed three (3) feet from the property line) for purposes of
maintaining and repairing such wall or fences and eaves or other overhangs, and the
Owner of such adjoining Lot is hereby granted an easement for landscaping purposes
(not including permanent structures) over and on the area, if any, lying between the
Property line and such structure or fence so long as such use does not cause damage
to structure or fence.
4.2 Riaht-of-Way Easements. All Lot lines common to a public right~f- .
way line shall have a ten (10) foot wide permanent public utilities, drainage and irrigation -
easement.
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4.3 Other Maintenance Easements. Easements for installation and
maintenance of utilities and drainage facilities are reserved as shown on the recorded
plat. 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 drainage channels
in the easements, or which may obstruct or retard the flow of water through drainage
channels in the easements. The easement area of each Lot and all improvements in it
shall be maintained continuously b~ the Owner of the Lot, except for those
improvements for which a public authority or utility company is responsible.
ARTICLE V
HOMEOWNERS ASSOCIATION
5.1 The Organization. The Association is anon-profit membership
corporation organized under the laws of the state of Idaho and formed for the specific
purposes of maintaining, managing and preserving the Common Area, providing for the
architectural control of the Lots and Common Area, and promoting the health, safety
and welfare of the residents of the Property. The Association shall~have all the powers
and duties granted to or imposed upon it by this Declaration, the Articles of
Incorporation and the Bylaws.
5.2 Membershia. Every person or entity who is a record Owner (including
contract sellers) of a fee or undivided fee interest in any such Lot shall, by virtue of such
ownership, be a Member of the Association. When more than one person holds such
interest in any such Lot, all such persons shall be Members. The foregoing is not
intended to include persons or entities who hold an interest merely as security for the
performance of an obligation. Membership shall be appurtenant to and may not be
separated from ownership of any such Lot subject to assessment by the Association.
Such ownership shall be the sole qualification for membership, and shall automatically
commence upon a person becoming such owner, and shall automatically terminate and
lapse when such ownership in said Property shall terminate or be transferred. The
Association shall maintain a membership list and may require written proof of any
Member's Lot ownership interest.
5.3 Voting Rights. The Association shall have two classes of voting
membership:
5.3.1 Class A. Class A Members shall be all Owners, with the
exception of the Declarant, and shall be entitled to one 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 vote be cast with respect to any Lot.
5.3.2 Class B. The Class B Member(s) shall be the Declarant and
shall be entitled to three (3) votes for each Lot owned. The Class B membership
shall cease and be converted to Class A membership on the happening of either
of the following events, whichever occurs first: -
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(i) When the total votes outstanding in the Class A membership equals
the total votes outstanding in the Class B membership; or
(ii) At such time as the last Lot in the Project or 'rf any Property is annexed
pursuant to Article VIII, the last Lot in any annexed lands, are sold by Declarant.
5.4 Board of Directors.
5.4.1 Number of Directors. The affairs of the Association will be
managed by a Board consisting of the number of directors determined by the
Bylaws, but not less than three (3) directors. Directors of the Association shall be
nominated, elected and removed and vacancies on the Board of Directors shall
beffitled in the manner provided by this Declaration and the Bylaws.
5.4.2 Initial Board. The names and addresses of the members of the
initial Board of Directors who shall hold office until their successors are elected
and have qualified, or until removed, are as follows:
Vicki Welker P.O. Box 888
Meridian, Idaho 83680
James Igel 1602 West Hays
Boise, Idaho 83702
5.6 General Powrers. Duties and Authorities of the Association. The
Association shall have all of the powers set forth in the Articles, together with the
general power to do any and all things that a corporation organized under the laws of
the state of Idaho may lawfully do in operating for the benefits of its members, subject
only to the limitations upon the exercise of such powers as are expressly set forth in the
Articles, the Bylaws and this Declaration. The Association 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 and by virtue of this Declaration and to do and perform any and
all acts which may be necessary or proper for or incidental to the exercise of any of the
express powers of the Association or for the peace, health, comfort, safety and/or
general welfare of the Owners and guests of the Owners. The Association may
delegate any of its power to such committees, officers or employees thereof as a
majority of the Board may deem appropriate. Without limiting the generality of the
foregoing paragraph, the Association, for the benefit of the Property and all Lot Owners,
shall have the power, obligation and duty to enforce the provisions of this Declaration
and shall obtain and pay for out of the maintenance fund all Assessments of the
Property, as that term is defined and used in Article VI of this Declaration.
5.7 Ca itap I Improvements. The Association may purchase or construct
capital improvements in the Common Area and assess the Owners for the costs thereof,
provided that if the cost of any such capital improvement shall be in excess of five
percent (5%) of the budgeted gross expenses for the current fiscal year, the
authorization for such purchase must be by the affirmative vote of at least two-thirds -
r
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(Z3) of the Voting Owners, including Declarant, voting in person or by proxy at a
meeting duly called for said purpose.
5.8 Project Rules.
5.8.1 The Board may, from time to time, and subject to the provisions of
this Declaration, make and amend reasonable Rules concerning the Property.
5.8.2 With respect to Section 5.8.1 above, the Rules may, without
limitation and to the extent deemed necessary b~ the Board to preserve the
benefits of the Property for all Lot Owners, and their families, invitees, licensees,
tenants and gues s, restrict and/or govern the use of the Common Area by any
g~iest, by any t0~er, or by the family of such Owner, provided, however, that
wrth respect to use of the Common Area, the Rules may not discriminate between
Owners and the families and lessees of Owners.
5.8.3 A copy of the Rules shall be furnished to each Lot Owner and each
Lot Owner, his family, guests, employees, invitees, licensees or tenants shall
comply with such Rules.
5.9 Enforcement. The Board shall have the power, obligation and duty to
enforce the provisions of this Declaration, the B)rlaws and the Rules. In the event of a
breach of any of the restrictions contained in this Declaration or of any Rules by a Lot
Owner, his family, guests, employees, invitees, licensees or tenants, the Board, for and
on behalf of all other Lot Owners, may enforce the obligations of each Owner to obey
such Rules or restrictions in any manner provided by law or in equity including, but not
limited to, commencing appropnate legal action, suspending the Owner's right to use
the Common Area and facilities of the Property or suspending the Owner's voting rights,
provided however, such suspension may not be for a period in excess of thirty (30) days
after notice and hearing as herein provided, for an infraction of such Rules. In addrtion
to the other remedies herein set forth, the Board, by majority vote, may levy a fine
against such Owner, after appropriate notice and hearing as herein provided, in an
amount not to exceed One Hundred Dollars ($100.00) for each such violation and the
payment of such fine may be enforced in the same manner as set forth in Article VI
hereof. Prior to imposing any penalty provided herein for breach of any Rules enacted
hereunder or restrictions contained in this Declaration, the Board shall send written
notice to the Lot Owner specifying the nature of the infraction and provide an
opportunity to the Lot Owner to a hearing before the Board regarding such infraction
and the penalty to be imposed. In the event that the Board determines that said
infraction has occurred and that a penalty shall be imposed, after a reasonable
opportunity for a hearing has been provided, the determination of the Board shall be
final... Notwithstanding anything to the contrary herein contained, neither the Board nor
the Association of members shall have the power to cause a forfeiture or abridgement of
an Owner's right to the full use and enjoyment of his Lot, including his right of ingress
and egress to his Lot on account of such Owner's failure to comply with the provisions
of this Declaration or of the Bylaws or any rules adopted by the Board relating to the
operation of the Property, except as the result of a judgment of a court or a decision
arising out of arbitration or on account of a foreclosure or under the power of sale herein
granted for failure of the Owner to pay the assessments levied pursuant to the
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provisions hereof. In the event legal action is instituted by the Board pursuant to this
paragraph, any judgment rendered in any such action shall include costs of collection,
court costs, and reasonable attorneys fees.
5.10 Books and Records. The books, records, papers and current financial
statement of the Association shall be at al times, during reasonable business hours, be
subject to inspection by any Lot Owner, his duly appointed representative, and any
prospective purchaser of a Lot. The Declaration, Articles of Incorporation, Bylaws and
Rules for the Project shall also be available for inspection by any Lot Owner or
prospective purchaser at the Association's principal office where copies may be
purchased at a reasonable cost.
5.11 Limitation Upon Liability of Association. The Association,
notwithstanding its duty to maintain and repair parts of the Property, shall not be liable
to Lot Owners for injury or damage, other than the cost of maintenance and repair,
caused by any latent condition of the Property to be repaired and maintained by the
Association or caused by the elements or other Owners or persons.
5.12 Common Pro ert Ownershi . Until and 'rf any annexation occurs
pursuant to Article VIII, each ember shall own an undivided one-thirty-fourth (1/34)
interest in the Common Area.
5.13 Members' Easements of Enjoyment to Comm•
the Association shall have a right and easement of enjoyrr
Area and such easement shall be appurtenant to and shall
assessed Lot, subject to the following provisions:
in Area. Every Member of
ent in and to the Common
pass with the title to every
5.13.1 The right of the Association to suspend any Member's voting rights
and/or right to use any of the recreational facilities owned by the Association, for
any period during which any assessment against said Member's Lot remains
unpaid, and for a period not to exceed sixty (60) days for each infraction of its
published rules and regulations;
5.13.2 The right of the Association to dedicate or transfer all or any part of
the Common Areas to any public agency, authority or utility for such purposes
and subject to such conditions as may be agreed to by the Members. No such
condition or transfer shall be effective unless an instrument signed by Members
entitled to cast two-thirds of the majority of the votes of the membership has
been recorded in the appropriate county deed records, agreeing to such
dedication or transfer, and unless written notice of proposed actions are sent to
every Member not less than thirty (30) days nor more than ninety (90) days prior
to such dedication or transfer; and
5.13.3 The right of the Directors of the Association to promulgate
reasonable rules and regulations governing such rights of use, from time to time,
in the interest of securing maximum safe usage of such Common Areas by the
Members of the Association without unduly infringing upon the privacy or
enjoyment of the Owner or occupant of any part of said Property, and reasonable
regulations and restrictions regarding parking. -
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5.14 Delegation of Use. Any Member may delegate, in accordance with the
Rules and Regulations or Bylaws adopted from time to time by the Directors, his right or
enjoyment to the Common Areas and facilities to the Members of his family, his tenants,
or contract purchasers, providing they reside on the Property.
ARTICLE VI
MAINTENANCE ASSESSMENT AND MORTGAGEE RIGt~TS
6.1 Creation of the Lien and Personal Obligation of Assessments. The
Declarant hereby covenants for all of said Property; and each Owner of any Lot by
ratification of these Covenants or by acceptance of a deed or contract of purchase
therefor, whether or not it shall be so expressed in any such deed or other conveyance
or agreement for conveyance, is deemed to covenant and agree to pay to the
Association:
and
6.1.1 Regular monthly or other regular periodic assessments or charges,
6.1.2 Special assessments for capital improvements, such assessments
to be fixed, established, and collected from time to time as hereinafter provided.
The regular and special assessments, together with such interest thereon and
cost of collection thereof, as hereinafter provided, shall be a charge on the land and
shall be a continuing lien upon the Properly against which such assessment is made.
Each such assessment, together with such interest, costs and reasonable attorneys'
fees, shall also be the personal obligation of the person who was the Owner of such
Property at the time such assessment was levied. The obligation shall remain a lien on
the Property until paid or foreclosed, but shall not be a personal obligation of successors
in title unless expressly assumed by them.
6.2 Purpose of Assessments. The assessments levied by the Association
shall not be used for any purpose other than promoting the recreation, health, safety
and welfare of the residents in said Property and in particular for the improvement and
maintenance of said Property, any Common Area, the maintenance and operation of
wells, pipes and pum s to irrigate the Common Area and Lots, all improvements
constructed thereon, fencing along the exterior of the Project), the services and
facilities devoted to this purpose and related to the use and enjoyment of the Common
Area, and including without being limited thereto, the payment of taxes and insurance
on all or any part of said Property, including insurance on the Common Area. Subject to
the above provision, the Association shall determine the use of assessment proceeds.
6.3 Basis and Maximum Annual Assessments. Until January 1 of the year
immediately following the conveyance of the first dwelling unit or Lot to any Owner, the
maximum regular assessment shall be Thirty-Five Dollars ($35.00) per month lawful
money of the United States of America, for each Lot subject thereto, or such lesser
sums as may be provided in the Bylaws:
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6.3.1 From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment may
be increased each year not more than 5% above the maximum assessment for
the previous year without a vote of the membership.
6.3.2 From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the mawmum annual assessment may
be increased above 5% by a vote of two~hirds (2/3) of each class of Members
who are voting in person or by proxy, at a meeting duly called for (his purpose.
6.3.3 The Board of Directors may fix the annual assessment at an amount
not in excess of the m um.
6.3.4 In add~i to the regular assessments authorized above, the
Association may levy in any assessment dear, a special assessment applicable to
that year only, for the purpose of defraying, in whole or in part, the cost of any
construction or reconstruction, unexpected repair or replacement of a described
capital improvement upon the Common Areas, including the necessary fixtures
and personal property related thereto, provided the assent of a two-thirds (2/3)
majority of the complete votes represented by those Members who are voting in
person or by proxy at the meeting duly called for this purpose is obtained.
6.4 Uniform Rate of Assessmen#. Both regular assessments and any special
assessment must be faced at a uniform rate for all Lots, and mad be collected on an
annual, quarterly, or monthly basis in the discretion of the Directors; except that
assessments may be levied applicable to some Lots only, with prior consent by the
Owners of such Lots, if such procedure is considered equrtable in the discretion of the
Board in order to construct facilities to be available to the Members desiring to pay for
the cost thereof.
6.5 Notice and Quorum for any Action Authorized Under Sections ~ and 4.
Written notice of any meeting called for the purpose of taking any action authorized
under Section 3 or 4 shall be sent to all Members not less than 30 days nor more than
60 days in advance of the meeting unless waived in writing. At the first such meeting
called, the presence of Members or of proxies entitled to cast sixty percent (60%) of all
the votes of each class of membership shall constitute a quorum. 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 quorum at the preceding meeting. No such subsequent meeting
shall be held more than 60 days following the preceding meeting.
6.6 Date of Commencement of Annual Assessments: Due Dates. Except as
provided in paragraph 6.9 of this Article VI, all Lots upon which buildings have been
constructed shall be subject to the annual or monthly assessments provided for herein
on the first day of the month following issuance of an occupancy permit for that Lot. The
Board of Directors shall fix the amount of the regular assessment at least thirty (30)
days in advance of each assessment period. Written notice of the assessment dates
shall be established by the Board of Directors. The Association shall, upon demand at
any reasonable time, furnish a certificate in writing signed by an officer of the -
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Association setting forth whether the assessments on a particular Lot have been paid.
A reasonable charge may be made by the Board for the issuance of these certificates.
A properly executed certificate of the Association as to the status of assessments is
binding upon the Association as of the date of its issuances.
6.7 Effect of Nonpayment of Assessments: Remedies of the Association. Any
assessments which are not paid when due shall be delinquent. If the assessments are
not paid within thirty (30) days after the due date, the assessment shall bear interest
from the date of delinquency at the rate of twelve percent (12%) per annum. The
Association may bring an action at law against the Owner personally obligated to pay
the same or foreclose the lien against the Property. The Secretary of the said
Association shall file in the office of the County Recorder, Ada County, Idaho, a lien
reflecting the amount of any such charges or assessments, together with interest, as
aforesaid, which have become delinquent with respect to any Lot on said Property, and
upon payment in full thereof, shall execute and file a proper release of the lien releasing
the same. The aggregate amount of such assessments, together with interest, costs
and expenses and a reasonable attomeys' fee for the filing and enforcement thereof,
shall constitute a lien on the whole Lot (including any improvement located thereon),
with respect to which it is fixed from the date the lien is filed in the office of said County
Recorder for Ada County, Idaho, until the same has been paid or released as herein
provided. Such lien may be enforced by said Association in the manner provided by law
with respect to liens upon real property. The Owner of said Property at the time said
assessment is levied shall be personally liable for the expenses, costs and
disbursements, including attomeys' fees of the Declarant or of the Association, as the
case may be, of processing and if necessary, enforcing such liens, all of which
expenses, costs and disbursements and attomeys' fees shall be secured by said lien,
including all aforementioned expenses, costs, disbursements and fees on appeal, and
such Owner at the time such assessment is levied, shall also be liable for any deficiency
remaining unpaid after any foreclosure sale. No Owner may waive or othenarise escape
liability for the assessments provided for herein by non-use of the Common Areas or
abandonment of his dwelling Unit, Lot or building site.
6.8 Subordination of the Lien and Mortgages. The lien of the assessments
provided for herein shall be inferior, junior and subordinate to the lien of all first
mortgages and trust deeds now or hereafter placed upon said Property or any part
thereof. The sale or transfer of any Lot or any other part of said Property shall not affect
the assessment lien. However, the sale or transfer of any Lot which is subject to any
mortgage, pursuant to a judgment or decree of foreclosure thereof, shall extinguish the
lien of such assessments as to amounts thereof which became due prior to such sale or
transfer, and such lien shall attach to the net proceeds of sale, if any, remaining after
such mortgages and other prior liens and charges have been satisfied. No sale or
transfer shall relieve such Lot from liability for any assessments thereafter becoming
due or from the lien thereof.
6.9 Exempt Property. The following Property subject to this Declaration shall
be exempt from the assessments created herein:
6.9.1 All properties expressly dedicated to and accepted by a local public
authority; ~ - -
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6.9.2 Any Common Areas;
6.9.3 Property owned by the Declarant prior to the time a dwelling unit is
constructed thereon and occupied by a person other than Declarant, but in all
events such exemption shall expire on January 1, 1996. However, no land or
improvements occupied for dwelling use shall be exempt from said assessments.
6.10 Notice to Mortgagees. The Association shall give to the mortgagee of any
recorded mortgage, which has furnished to the Association its name and current
address, written notification of any default by the mortgagor of performance with respect
to such mortgagor's obligations under this Declaration, Bylaws of the Association or any
duly adopted rules or regulations of the Association at least ten (10) days prior to the
filing of suit by the Association to enforce those remedies with respect to such default.
6.11 Mortgagee's Ap rp oval. The Association shall not undertake or cause to be
undertaken the following acts without the prior written consent of seven five percent
(75%) of the first mortgagees (based upon one vote for each mortgagee, if such acts
would materially lessen the security of such mortgagees:
6.11.1 Abandon, partition, subdivide, encumber, sell or transfer real
estate or improvements thereon which are owned, directly or indirectly by the
Association, except that the granting of easements for public utilities or for other
public purposes consistent with the intended use of such Property by the
Association shall be permitted;
6.11.2 Change the method of determining the obligations, assessments,
dues or other charges which may be levied against an Owner;
6.11.3 Change, waive or abandon any scheme or regulations or
enforcement thereof, pertaining to architectural design, appearance or
maintenance of structures or improvements located on the Properties; and
6.11.4 Use hazard insurance proceeds for losses to any Common Area
improvements for other than the repair, replacement or reconstruction of such
improvements.
6.12 Association Budget. The Association shall prepare an annual budget
which shall indicate anticipated management, operating, maintenance, repair and other
common expenses for the Association's next fiscal year and which shall be sufficient to
pay all estimated expenses and outlays of the Association for the next calendar year
growing out of or in connection with the maintenance and operation of the Common
Area and improvements and may include, among other things, the cost of maintenance,
management, taxes, assessments, irrigation assessments, special assessments, fire,
casualty and public liability insurance, common lighting, irrigation, landscaping and care
of grounds, repairs, renovations and paintings to Common Areas, snow removal,
wages, water charges, legal and accounting fees, management fees, expenses and
liabilrties incurred by the Association under or by reason of this Declaration, the
payment of any deficit remaining from a previous period, and the creation of any
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reasonable contingency or other reserve or surplus fund, as well as all costs and
expenses relating to the Common Area and improvements.
6.13 Repair. Etc. If any of the Property located in the Common Area and/or
improvements located upon other Property located within the subdivision owned by the
Association is damaged or destroyed, the jVlembers shall, at a special meeting called for
that purpose, determine whether to rebuild, repair, restore or otherwise take action with
regard to such damage or destruction. A quorum shall be necessary for any such
decision, in accordance with the provisions of paragraphs 3 and 5 hereof and further,
any such action shall be approved by the affirmative vote of not less than two-thirds
(2!3) of the votes of-Members who are voting in person or by proxy at such meeting duly
called for this purpose, written notice of which shall be sent to all Members not less than
ten (10) nor, more than fifty (50) days in advance of the meeting, unless waived in
writing.
ARTICLE VII
MAINTENANCE AND INSURANCE
7.1 Maintenance of Common Areas. Etc. The Association shall maintain or
provide for the maintenance of the Common Areas, including but not limited to, sanitary
sewer, water lines and drainage facilities within the Common Areas, and in addition, the
drainage facilities and lines upon Lots privately owned within the subdivision.
7.2 Lot Maintenance. Each Owner shall be fully responsible for maintaining
and keeping in good order and repair the exterior and interior of his own entire Lot and
improvements.
7.3 Tvoes of Insurance. The Association shall obtain and keep in full force
and effect at all times, the following insurance coverage on the Common Area only,
provided by companies duly authorized to do business in Idaho. The provisions of this
Article shall not be construed to limit the power or authority of the Association to obtain
and maintain insurance coverage, in addition to any insurance coverage required
hereunder, in such amounts and in such forms as the Association may deem
appropriate from time to time.
7.3.1 Casualty Insurance. Any improvement constructed on the Common
Area may, at the discretion of Directors of the Association, be insured for the full
replacement thereof in the event of damage or destruction, including fire and
extended coverage, which policy or policies shall be purchased by the
Association and show the Association, the Owners and mortgagees as named
insureds as their interest may appear. The Association may comply with the
above requirements by the purchase of blanket coverage and may elect such
°de~uctible° provisions as in the Association's opinion are consistent with good
business practice. No individual Owner shall be excused from assessments
attributable to such policy for any reason and the existence of such a blanket
policy is declared to be in the mutual interests of all owners and the Declarant,
except upon the approval of two-thirds (2/3) of the votes of each class .of _ -
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Members who are voting in person or by proxy at a meeting duly called for this
purpose.
7.3.2 Public Liability and Prope Damage Insurance. The Association
shall purchase broad form comprehensive liability coverage in such amounts and
in such forms as it deems advisable to provide adequate protection. Coverage
shall include, without limitation, liability for the personal injuries, operation of
automobiles on behalf of the Association, and activities in connection with the
ownership, operation, maintenance and other use of the Project. `
7.3.3 Workmen's _Compensation and Employer's Liability Insurance. The
Association shall purchase workmen's compensation and employer's liability
insurance and all other similar insurance in respect to employees of the
Association in the amounts and in the forms now or hereafter required by law for
any employees of the Association.
7.3.4 Fidel' Insurance. The Association shall purchase in such amounts
and in such forms as it shall deem appropriate, coverage against dishonesty of
employees, destruction or disappearance of money or securities and forgery.
7.3.5 Other. The Association may obtain insurance against such other
risks, of a similar or dissimilar nature as it shall deem appropriate with respect to
the Project, including any personal properly of the Association located thereon.
7.3.6 Forrn. Casualty insurance shall be carried in a form or forms
naming the Association the insured. The Association shall furnish to each Owner
and to Declarant a true copy of such policy. All policies of insurance shall provide
that the insurance thereunder shall be invalidated or suspended only in respect to
the interest of any particular Owner guilty of breach of warranty, act, omission,
negligence or noncompliance with any provision of such policy, including payment
of the insurance premium applicable to that Owner's interest, or who permrts or
fails to prevent the happening of any event, whether occurring before or after a
loss, which under the provisions of such policy would othennrise invalidate or
suspend the entire policy. All policies of insurance shall provide further that the
insurance under any such policy as to the interest of all other insured Owners not
guilty of any such act or omission, shall not be invalidated or suspended and shall
remain in full force and effect.
Public liability and properly damage insurance shall name the Association the
insured, as trustee for the Owners, and shall protect each Owner against liability for acts
of the Association, its agents and employes, in connection with the ownership,
operation, maintenance or other use of the Project.
7.3.7 Owner's Responsibility. All fire and casualty insurance coverage for
full replacement of the Unit, and casualty and public liability insurance coverage
within each individual Unit .and for activities of the Owner, not acting by the
Association, with respect to the Common Area, insurance coverage against loss
from theft on all personal property and insurance coverage on items of personal
property placed in the Unit by Owner, shall be the responsibilrty of the respective - -
Owners.
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7.3.8 Insurance Proceeds. The Association shall receive the proceeds of
any casualty insurance payments received under policies obtained and
maintained pursuant to this Article. The Association shall apportion the proceeds
to the portions of the proceeds attributable to damage to the Common Area. To
the extent that reconstruction is required herein, the proceeds shall be used for
such purposes. To the extent that reconstruction is not required herein and there
is a determination that any damaged or destroyed Common Area shall not be
rebuilt, the proceeds shall be distributed to the Owners `in an amount
proportionate to their interest in the Common Area. Each Owner and each
mortgagee shall be bound by the apportionments of damage and of the insurance
proceeds made by the Association pursuant hereto.
7.3.9 Owner's Own Insurance. Notwithstanding the~provisions of Section
7.3 hereof, each Owner may obtain insurance at his own expense providing
coverage upon his Lot, his personal property, for his personal liability, and
covering such other risks as he may deem appropriate, but each such policy shall
provide that it does not diminish the insurance carrier's coverage for liability
arising under insurance policies which the Association obtains pursuant to this
Article. All such insurance shall waive the insurance company's right to
subrogation against the Association, the other Owners, and the servants, agents
and guests of any of them, if such insurance can be obtained in the normal
practice without additional premium charge for the waiver of rights of subrogation.
ARTICLE VIII
ANNEXATION
8.1 Time for Annexation: Land Subject to Annexation. Declarant hereby
reserves the right to annex any contiguous real property into the project by recording a
Notice of Annexation or Supplemental Declaration particularly describing the real
property to be annexed and added to the project created by this Declaration, pursuant to
the provisions of this Article VIII.
Upon the recording of a Notice of Annexation containing the provisions set forth
in this Section (which Notice may be contained within a supplemental declaration
affecting such property), the covenants, conditions and restrictions contained in this
Declaration shall apply to the added land in the same manner if it were originally
covered by this Declaration and originally constituted a portion of the Project; and
thereafter the rights, privileges, duties and liabilities of the Owners, lessees and
occupants of Lots within the added land shall be the same as in the case of the original
land. Any provision of a Supplemental Declaration for which no special amendment
procedure is provided shall be subject to amendment in the manner provided in this
Declaration.
8.2 Procedure for Annexation. Any contiguous real property may be
annexed into the project by the recordation of a notice of annexation executed by
Declarant and containing the following information:
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8.2.1 A reference to this Declaration, which reference shall state the date
of recordation hereof and recorder's instrument number or the book and page of
the official records of Ada County where this declaration is recorded;
8.2.2 An exact legal description of the added land;
8.2.3 A statement that the provisions of this Declaration shall apply to the
added land, as set forth herein; and _
8.2.4 A statement of the use restrictions applicable to the annexed
property, which restrictions may be the same or different from those set forth in
this Declaration, provided that no Lot in any annexed lands shall contain smaller
dwelling units or lesser quality construction or building materials than in the
Project.
8.3 Membership In Association. The Owner of each Lot in any annexed
lands shall automatically become a member of the Association and shall automatically
own an undivided interest in the Common Area of the Project and shall in tum be
responsible for assessments in the same amounts and subject to the same regulations
as the Owners of Lots in the Project.
ARTICLE IX
GENERAL PROVISIONS
9.1 Enforcement. The Board, the Declarant or any Owner, or the Owner of
any recorded mortgage upon any part of said Property, shall have the right to enforce by
any proceeding at law or in equity, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provisions of this Declaration.
Failure by the Association, or by any Owner to enforce any covenant or restriction
hereby contained shall in no event be deemed a waiver of the right to do so thereafter.
In the event suit is brought to enforce the covenants contained herein the prevailing
party shall be entitled to recover a reasonable attorney fee in addition to allowable
costs.
9.2 Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no wise affect any other provision which shall remain in
full force and effect.
9.3 Term of Restrictions and Amendment. These restrictions 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 thereof, until January 1,
2013, at which time said restrictions shall be automatically extended for successive
periods `of ten (10) years unless the Owner or Owners of the legal title to no less than
two-thirds of the Lots excluding the Common Area, by an instrument or instruments in
writing, duly signed and acknowledged by them, shall then terminate or amend said
restrictions. Such termination or amendment shall become effective upon the filing of
such instrument or instruments for records in the office of the Recorder of Ada County,
Idaho. Such instrument or instruments shall contain proper references by volume and -
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI
PLACE SUBDIVISION, Page 23. FVS/slr/01/OM93(ValeriDeclaration)7501-
01
•
page numbers to the records of the plats and record of this deed in which these
Restrictive Covenants are set forth, and all amendments thereof.
9.4 No Right of Reversion. Nothing herein contained in this Declaration, or in
any form of deed which may be used by Declarant, or its successors and assigns, in
selling said Property, or any part thereof, shall be deemed to vest or reserve in
Declarant or the Association any right of reversion or reentry for breach or violation of
any one or more of the provisions hereof.
9.5 Benefit of Provisions -Waiver. The provisions contained in this
Declaration shall bind and inure to the benefit of and be enforceable by Declarant, the
Association and the Owner or Owners of any portion of said Property, and their heirs
and assigns, and each of their legal representatives, and failure by Declaration or by the
Association or by any of the Property Owners or their legal representatives, heirs,
successors or assigns, to enforce any of such conditions, restnctions or charges herein
contained shall in no event be deemed a waiver of the right to do so.
9.6 Assignment by Declarant. Any or all rights, powers and reservations of
Declaration herein contained may be assigned to the Association or to any other
corporation or association which is now organized or which may hereafter be organized
and which will assume the duties of the Declarant hereunder pertaining to the particular
rights, powers and reservations assigned; and upon any such corporation or association
evidencing its intent in writing to accept such assignment and assume such duties et
shall, to the extent of such assignment, have the same rights and powers and be
subject to the same obligations and duties as are given to and assumed by Declarant
herein. All rights of Declarant hereunder reserved or created shall be held and
exercised by the Declarant alone, so long as it owns any interest in any portion of said
Property.
9.7 ~ecial Notice Regarding Irrigation Assessments. The Property is located
in the Nampa-Meridian Irrigation District and as such, is subject to its assessments.
The Declarant has made provisions for delivery and use of district water on the Property
for irrigation purposes. The water rights have been transferred to the Association and
assessments charged by the District will be paid by the Association and added to the
expenses assessed to Lots.
9.8 Amendment. Notwithstanding anything contained in the foregoing
Declaration, the Articles of Incorporation or the Bylaws, any amendment of the Articles
of Incorporation, or any mortgage or conveyance of the Common Area shall require the
approval of at least two~hirds (2/3) of the Lot Owners.
9.9 Annexation. Additional residential Properrtyty and Common Area may be
annexed to the Property with the consent of two-thirds (2J3) of each class of Members.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI
PLACE SUBDIVISION, Page 24. FVS/slr/01/04/93(ValeriDeclaration)7501-
01
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has
hereunto set its hand and seal this day of .1993.
KASTLE FALLS SUBDIVISION
PARTNERSHIP, and
Idaho limited partnership
STATE OF IDAHO
ss.
County of Ada )
By
Vicki Welker
General Partner
B
Jack Gibson
General Partner
On this day of , 1993, before me, the undersigned, a notary public
in and for said state, personally appeared VICKI WELKER, known or identified to me to
be one of the General Partners of said KASTLE FALLS SUBDIVISION PARTNERSHIP,
an Idaho limited partnership, whose name is subscribed to the above and foregoing
instrument and acknowledged to me that she executed the same on behalf of said
partnership and acknowledged that said partnership executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
Notary Public for Idaho
Residing at Boise, Idaho
My Commission Expires:
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI
PLACE SUBDIVISION, Page 25. FVS/sId01/04/93(ValeriDeclaration)7501-
01
STATE OF IDAHO
ss.
County of Ada )
•
On this day of .1993, before me, the undersigned, a notary public
in and for said state, personally appeared JACK GIBBON, known or identified to me to
be one of the General Partners of said KASTLE FALLS SUBDIVISION PARTNERSHIP,
an Idaho limited partnership, whose name is subscribed to the above and foregoing
instrument and acknowledged to me that he executed the same ort behalf of said
partnership and acknowledged that said partnership executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
Notary Public for Idaho
Residing at Boise, Idaho
My Commission Expires:
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI
PLACE SUBDIVISION, Page 26. FVS/slr/01/04/93(ValeriDeclaration)7501-
01
i •
ARTICLES OF INCORPORATION
OF
VALERI PLACE SUBDIVISION N0.1 HOMEOWNERS ASSOCIATION, INC.
In compliance with the requirements of the law of Idaho relating to nonprofit
corporations and acts amendatory and supplemental thereto, including particularly Title
30, C~iapter 3, Idaho Code, the undersigned natural person, being of full age and a
resident of the United States, in order to form a nonprofit corporation for the purposes
hereinafter stated, does hereby as incorporator, adopt the following Articles of
Incorporation and certify:
ARTICLE I
NAME
The name of the corporation is VALERI PLACE SUBDIVISION NO. 1
HOMEOWNERS ASSOCIATION, INC., hereinafter called the °Association°.
ARTICLE II
NONPROFIT CORPORATION
This Association is a nonprofit corporation.
ARTICLE III
DURATION
The duration of this Association shall be perpetual.
ARTICLES OF INCORPORATION OF VALERI PLACE NO. 1 HOMEOWNERS
ASSOCIATION, INC., Page 1. Fvs~SU~o,N~~~~o,-o,
• ~a
ARTICLE IV
PURPOSE AND POWERS OF THE CORPORATION
This Association shall be a nonprofit membership corporation. The purpose of
the Association shall be to provide for the maintenance, preservation and control of
certain improvements within the Common Area and other portions yof Valeri Place
Subdivision No. 1 located in Ada County, Idaho, and to promote the recreation, health,
safety and welfare of the members thereof, and for this purpose to:
a. F~cercise all of the powers and privileges and to perform all of the duties
and obligations of the Association as set forth in that certain Declaration of Covenants,
Conditions and Restrictions, hereafter called the °Declaration°, applicable to the
properly and recorded or to be recorded in the Office of the County Recorder of Ada
County, Idaho at Boise, Idaho and as the same may be amended from time to time as
therein provided, said Declaration being incorporated herein as if set forth at length;
b. Fix, levy, collect and enforce payment by any lawful means, afl charges or
assessments pursuant to the terms of the Declaration; to pay all expenses in connection
therewith and all office and other expenses incident to the conduct of the business of
the Association, including all licenses, taxes or governmental charges levied or imposed
against the property of the Association;
c. Acquire (by gift, purchase or otherwise), own, sell, hold, improve, build
upon, operate, maintain, convey, lease, transfer, dedicate for public use, or otherwise
dispose of real or personal property in connection with the affairs of the Association;
d. Borrow money, mortgage, pledge, deed of trust, or hypothecate any or all
of its real or personal property as security for money borrowed or debts incurred, subject
to those restrictions contained in the Declaration and any amendments thereto;
ARTICLES OF INCORPORATION OF VALERI PLACE NO. 1 HOMEOWNERS
ASSOCIATION, INC., Page 2. Fvs~o-~ovoa~N~~n~u~~>~soi-o~
•
e. Participate in mergers and consolidations with other nonprofit corporations
organized for the same purposes or annex additional residential property and Common
Area, subject to those restrictions contained in the Declaration and any amendments
thereto; and
f. Have and to exercise any and all powers, rights and privileges which a
corporation organized under the laws for general nonprofit corporations in the State of
Idaho by law may now or hereafter have or exercise.
ARTICLE V
MEMBERSHIP
There shall be 34 members in the Association, which membership shall be
evidenced by a certificate of membership or certificate of stock. Every person or entity
who is a record owner of a Lot, other than Common Area, within the subdivision as
those terms are defined in the Declaration of Covenants, Conditions and Restrictions for
this subdivision recorded with the Ada County Recorder shall be a member of the
Association. The foregoing is not intended to include persons or entities who hold an
interest in a lot as security for the performance of an obligation. Membership shall be
appurtenant to and shall not be separated from the ownership of any lot which is subject
to assessment by the Association.
ARTICLE VI
VOTING RIGHTS
Each member of the Association shall be entitled to one vote for the lot in which
they hold the interest required for membership in accordance with the Declaration of
Covenants, Conditions and Restrictions filed with the Ada County Recorder.
ARTICLES OF INCORPORATION OF VALERI PLACE NO. 1 HOMEOWNERS
ASSOCIATION, INC., Page 3. Fvs~so-rovoa~tva~erwrttc~espso,-o,
• •
ARTICLE VII
CORPORATION ADDRESS
The street address of the initial registered office of the Association shall be 1994
West Sandalwood, Meridian, Idaho 83642. The name of the initial registered agent
shall be Vicki Welker at the aforementioned street address.
ARTICLE VIII
BOARD OF DIRECTORS
The initial Board of Directors shall be comprised of three (3) members, who need
not be members of the Association. These Directors are: Vicki Welker, Jack Gibson
and James Igel.
ARTICLE IX
INCORPORATOR
The name and street address of the incorporator is:
Vicki Welker P.O. Box 888
1994 West Sandalwood
Meridian, Idaho 83650
ARTICLE X
AMENDMENT OF ARTICLES
Amendments to these Articles of Incorporation shall require the assent of those
members casting two-thirds (2/3) of the votes of the Association at any regular
members' meeting or a special meeting called specifically for that purpose, except that
these Articles and the Bylaws shall be deemed amended to effectuate any annexation
or supplemental declaration recorded in accordance with Article VIII of the Declaration.
ARTICLES OF INCORPORATION OF VALERI PLACE NO. 1 HOMEOWNERS
ASSOCIATION, INC., Page 4. FvS1sId01/o4/s3(valeriArttc-es)7501-01
CJ
ARTICLE XI
DISSOLUTION
If the Association is dissolved, the Common Area and assets of the Association
shall be dedicated to a public body, or conveyed to a nonprofit organization with similar
purposes.
IN WITNESS WHEREOF, for the purpose of forming this Association under the
laws of the State of Idaho, I, the undersigned incorporator of this Association, have
executed these Articles of Incorporation this day of .1993.
Vicki Welker, Incorporator
ARTICLES OF INCORPORATION OF VALERI PLACE NO. 1 HOMEOWNERS
ASSOCIATION, INC., Page 5. FVS/slr/01/04J93(ValerW~Ucles)7501-01
BY-LAWS
OF
VALERI PLACE SUBDIVISION N0.1
HOMEOWNERS ASSOCIATION, INC.
ARTICLE I
NAME AND OFFICE
Section 1. The name of this corporation shall be VALERI PLACE SUBDIVISION
N0.1 HOMEOWNERS ASSOCIATION, INC.
Section 2. The principal office and registered agent of the Association may be
Changed from time to time by action of the Board of Directors. The Association may
also have offices at such other places as the Board of Directors from time to time
determine.
ARTICLE II
PURPOSE
The purpose of this Association shall be to provide for the care, maintenance,
preservation and control of the jVALERI PLACE SUBDIVISION NO. 1 HOMEOWNERS
ASSOCIATION, INC., Ada County, Idaho, and to promote the recreation, health, safety
and welfare of the members thereof; and further to provide for the architectural control
of improvements constructed thereon; and to perform any and all other functions
delegated to the Association by the Declaration of Covenants, Conditions and
Restrictions for the same subdivision (hereinafter °Declaration°) recorded on ,
19_ as Instrument No. .records of Ada County, Idaho, and any amendments
thereto.
ARTICLE III
MEMBERSHIP
Section 1. Members. Every owner of a Lot, other than Common Area, located in
the property described in said Declaration, shall be a member of the Association. The
plat of said subdivision is recorded in Ada County, Idaho, on as
Instrument No. . in Book _, Pages and of Plat Records. The term
°owner° shall mean and refer to the record owner, whether one or more persons or
entities, owning fee simple title to the lot, excluding those having an interest in the lot
merely as security for the performance of an obligation, and excluding any lot devoted.to _ _
Common Area.
BY-LAWS OF VALERI PLACE SUBDIVISION NO. 1 HOMEOWNERS ASSOCIATION,
Page 1. Fvsisiro,roa~~v~er~syiaws~~so,-o,
Section 2. Pro~ert,..y Rights and Dele aq_ tion. The property rights of each member
are dei"ined in Articles III, V, VI, VII, VIII, IX~and X of the Declaration and amendments
thereto. Any member may delegate his right of enjoyment to the common area and
facilities to the members of his family, his tenants or contract purchasers who reside on
the property by delivering written notice of such delegation to the Secretary of the
Association. Such delegation may be cancelled by delivery of written notice of
cancellation to the Secretary. _
Section 3. Certificates of Membership. Etc. Certificates representing
membership or stock in the Association shall be in such form as determined by the
Board of Directors. Suc certificates shall be signed by the President and by the
Secretary. The name and~ddress of the person to whom the membership represented
thereby is issued shall be entered on the books of the Association. The Board of
Directors shall determine the manner of, and documentation necessary to effect
transfers of membership. The certirficates of membership shall be shares of stock.
Section 4. Annual Meeting. The annual meeting of the members shall be held
during the month of May in each year beginning with the year 1993, or as set by the
Board of Directors, for the purpose of electing directors and for the transaction of such
other business as may come before the meeting. If the day fixed for the meeting shall
be a legal holiday, such meeting shall be held on the next succeeding business day.
Section 5. Special Meetings. Special meetings of the members for any purpose
or purposes may be called by the Board of Directors.
coon 6. Voting Rights. Voting rights are defined in Article V of the Articles of
Incorporation of VALERI PLACE SUBDIVISION NO. 1 HOMEOWNERS
ASSOCIATION, INC. and the Declaration.
Section 7. Place of Meeting. The Board of Directors may designate any place
within the State of Idaho as the place of meeting for any annual meeting or for any
special meeting called by the Board of Directors.
Section 8. Notice of Meeting. Written or printed notice stating the place, day and
hour of the meeting shall be delivered not less than ten nor more than fifty days before
the date of the meeting, either personally or by mail.
Section 9. uorum. A majority of the members of the Association entitled to
vote, represented in person or by proxy, shall constitute a quorum at a meeting of
members.
Section 10. Informal Action by Members. Any action required to be taken at a
meeting of the members may be taken without a meeting if a consent in writing setting
forth the action so taken, shall be signed by a majority of the members.
BY-LAWS OF VALERI PLACE SUBDIVISION NO. 1 HOMEOWNERS ASSOCIATION,
Page 2. Fvs~~o,roa.~N~r~ey~aws>>~o,--o,
ARTICLE IV
BOARD OF DIRECTORS
Section 1. General Powers. The business and affairs of the Association shall be
managed by its Board of Directors. Rules and regulations governing use of common
area and facilities shall be adopted by the Board of Directors in writing, a copy of which
shall be delivered to each member.
Section 2. Membership. The number of directors shall be at least three (3). The
initial Board of Directors shall consist of Vicki Welker, Jack Gibson and James Ige1.
Section 3. Re ular Meetin s. A regular meeting of the Board of Directors shall
be held without any other notice t an this By-Law immediately after, and at the same
place and time as the annual meeting of shareholders. The Board of Directors may
provide the time and place within the State of Idaho for the holding of additional regular
meetings without other notice than such resolution.
Section 4. Special Meeting. Special meetings of the Board of Directors may be
called by or at the request of the President or any twro Directors.
Section 5. Notice. Notice of any special meeting shall be given at least two (2}
days previous thereto by written notice delivered personally or mailed to each Director.
Any Director may waive notice of a meeting. Attendance by a Director is a waiver of
notice.
Section 6. uorum. A majority of the directors present in person or by proxy
shall constitute a quorum for the transaction of business at any meeting of the Board of
Directors. The act of the majority of the Directors present at a meeting at which a
quorum is present shall be the act of the Board of Directors.
Section 7. Vacancies. Vacancies during the term shall be filled by the remaining
Directors by majority vote.
Section S. Removal. The Board, by a majority vote, may remove an officer of
this Association.
ARTICLE V
OFFICERS
Section 1. Number. The officers ofi the Association shall serve without
compensation and shall be a President, one or more Vice-Presidents, a Secretary and
a Treasurer, each of whom shall be elected by the Board of Directors. Any two offices
may be held by the same person except the offices of President and Secretary.
Section 2. Election and Term of Office. The officers of the Association to be
elected by the Board of Directors shall be elected annually at the first meeting of the _ -
BY-LAWS OF VALERI PLACE SUBDIVISION NO. 1 HOMEOWNERS ASSOCIATION,
Page 3. Fvs~ro,roar~Na~ertsy~a,~spso,-o,
Board of Directors held after each annual meeting of the members or as soon after as
convenient. Each officer shall hold office until his successor shall have been duly
elected or until his death or until he shall resign or shall have been removed.
Section 3. Removal. Any officer or agent elected or appointed by the Board of
Directors may be removed by the Board of Directors whenever, in its judgment, the best
interests of the Association would be served thereby.
Section 4. Vacancies. A vacancy in any office because of death, resignation,
removal, disqualification or otherwise, may be filled by the Board of Directors for the
unexpired portion of the term.
S ion 5. Presiden . The President shall be the principal executive officer of the
Association and, subject o the control of the Board of Directors, shall in general,
supervise and control all the business and affairs of the Association. He shall, when
present, preside at all meetings of the members and of the Board of Directors. He may
sign, with the Secretary or any other proper officer of the Association thereunto
authorized by the Board of Directors, certificates of membership of the Association, any
deeds, mortgages, bonds, contracts or other instrument which the Board of Directors
have authorized to be executed, except in cases where the signing and execution
thereof shall be expressly delegated by the Board of Directors or by the By--Laws to
some other o#icer or agent of the Association, or shall be required by law to be
otherwise signed or executed and in general shall perform all duties incident to the
office of President and such other duties as may be prescribed by the Board of Directors
from time to time.
Section 6. Vice-Presidents. In case of the absence, sickness or inability to act
of the President, aVice-President of the Association, who is also a member of the
Board of Directors, shall discharge the duties of said office of the President.
Section 7. Secretary. The Secretary shall (a) keep the minutes of the members
and of the Board of Directors meetings in one or more books provided for that purpose;
(b) see that all the notices are duly given in accordance with the provisions of these By-
laws or as required by law; (c) be custodian of the corporate records and of the seal of
the Association and see that the seal of the Association is affixed to all documents, the
execution of which on behalf of the Association under its seal is duly authorized; (d)
keep a register of post office addresses of each member and delegate, which shall be
furnished to the Secretary by such member; (e) sign with the President certificates for
membership of the Association, the issuance of which have been authorized by
resolution of the Board of Directors; (f) have general charge of the membership books of
the Association; and (g) in general, perform all duties incident to the office of Secretary
and such other duties as from time to time may be assigned to him by the President or
by the Board of Directors. Such books, records and papers of the Association shall at
all times, during reasonable business hours, be subject to inspection by any member.
Section S. The Treasurer. If required by the Board of Directors, the Treasurer
shall give a bond for the faithful discharge of his duties in such sum with such surety or
sureties as the Board of Directors shall determine. He shall: (a) have charge and
custody of and be responsible for all funds and securities of the Association; receive _
BY-LAWS OF VALERI PLACE SUBDIVISION NO. 1 HOMEOWNERS ASSOCIATION,
Page 4. ~, Fvs~~ovoa~(vaierisyiawspso,-o,
! ~
and give receipts for monies due and payable to the Association from any source
whatsoever, and deposit all such monies in the name of the Association in such banks,
trust accounts or other depositories as shall be selected in accordance with these By-
Laws; and (b) in general perform all duties incident to the office of the Treasurer and
such other duties as from time to time may be assigned to him by the President or by
the Board of Directors.
ARTICLE VI
CONTRACTS, LOANS, CHECKS AND DEPOSITS
Section 1. Contra s. The Board of Directors may by written resolution,
authorize any officer or officers, agent or agents, to enter into any contract or execute or
deliver any instrument in the name of and on behalf of the Association. Such authority
may be general or confined to specific instances.
Section 2. Loans. No loans shall be contracted on behalf of the Association and
no evidence of indebtedness shall be issued in its name unless authorized by written
resolution of the Board of Directors. Such authority may be general or confined to
specific instances.
Section 3. Checks. Drafts. etc. All checks, drafts or other orders for the payment
of money, notes or other evidences of indebtedness issued in the name of the
Association shall be signed by such officer or officers, agent or agents of the
Association in such manner as shall from time to time be determined by written
resolution of the Board of Directors.
Section 4. Deposit. All funds of the Association not otherwise employed shall be
deposited from time to time to the credit of the Association in such banks, trust
companies or other depositories as the Board of Directors may select.
ARTICLE VII
ASSESSMENT
The Board of Directors shall fix the annual assessment period, determine a
reasonable operating budget for the forthcoming assessment period and fix the annual
assessment in accordance therewith pursuant to, and in the manner provided in, Article
VI of the Declaration. The Board of Directors shall maintain records of all assessments
made, all assessment payments received, and all delinquent assessments in
accordance with generally accepted accounting principles.
BY-LAWS OF VALERI PLACE SUBDIVISION NO. 1 HOMEOWNERS ASSOCIATION,
Page 5. FVS/sIr01/04/93{ValerlBylaws)7501-01
ARTICLE VIII
INSURANCE
The Board of Directors shall obtain such insurance coverage as is provided in
Article VII of the Declaration.
ARTICLE IX `
AMENDMENTS
These By-Laws may be altered, amended, or new By-Laws adopted by a
majority of the Directors, or by the members in accordance with Idaho law.
The foregoing B~Laws are hereby ratified and approved by the Incorporators
and Directors.
DATED this day of , 1993.
BY-LAWS OF VALERI PLACE SUBDIVISION NO. 1 HOMEOWNERS ASSOCIATION,
Page 6. Fvs~rovoa~~va~ertey~aws)750,-0,
•
1: CITY ENGIlVEER: SEE ATTACEIED CQNIl~NTS :
COMMENTS
i
covEN~.vTS oN `BRIE ~
SUBDIVISION # I
2 : CO'Z'Y ATTORNEY: SEE A'~~ CANTS
JANUARY 5, 1993
MAYOR
COUNCIL MEMBERS
ENGINEER
•
ATTACHED ARE THE COVENANTS. ON VALERIE FLACE SUBDIVISION
PHASE # I FOR XOUR REVIEW:
THESE WILL BE ON THE COUNCIL AGENDA k'OR.JANUARX ~.9, 1992:
JACK NIEMANN
CITY CLERK
I- (~-93 -
1. age 4- Q•nc~le 2. ~, ! -
2. pa.yc, s- A~Y~icle Z. ~o - ~i
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'~ V~t~.L VGVkc.l. 0.~
~vwid~ cla ri ~i.i.a-kon o~ "v+~ursery.' .
Irv id ~ c.~an '' ghon ~b ~~' Seve~~•wcc.. (v-o ~u.
s•~ret,~ fah 'i hv. sfiM c~+n w. Lei b acl~, ~ ~ v~¢. ~ Kk ss
Ko w~.o r•~ ~•e~v. 3' (4' ~o r aH~ l i h k)
~ervide c.I.av i ~i.~ a•h on o~ •h~ti s s~-Eew,e~t ~ d . .
a Sewagt pisylo ta~L , " ~,av~ce~e, Z ~ Zo~ .
~ • ~4Age. 1,0 - /~~~ le 3. ~ . 4 - ~.A~vg•G gtttid.~r t-e.~t~nu. ~or Vicki' 1/Ve I Ic¢r
•
any goods, equipment, vehicles, materials or supplies used in connection any trade
service or business be kept or stored on any Lot excepting the right of any homebuilder
and the Declarant to construct residences on any Lot and to store construction materials
and equipment on said Lots in the normal course of construction.
2.4 Complianc® with Zoning Ordinanc®s. All local laws, zoning
ordinances and regulations of all governmental bodies having jurisdiction over the
Property shall be observed. _
2.5 Use of Common Area. The Common Area shall be used only for the
purposes for which they are intended in the furnishing of services and facilities for the
enjoyment of the Lots. There shall be no use of the Common Area except by the
Owners thereof, their invitees, guests or tenants. There shall be no obstruction of any
of the Common Area. Nothing shall be stored, kept, parked, built, erected, installed or
altered in the Common Area without the prior consent of the Association. No waste
shall be committed in the Common Area.
2.6 Land Use Building Type and Exception. No Lot shall be used except
for residential purposes, and no Lot shall be used for the conduct of any trade or
business or professional activity. Notwithstanding the foregoing, an Owner will be
allowed to conduct a 'garage sale" upon such Owner's Lot. An Owner may on an
occasional basis sell the young of any domestic pets which are othennrise authorized
under this Declaration, provided, however, that nothing herein shall be deemed to
authorize the approval of the operation of a commercial kennel or the breeding of any
domestic animal for commercial purposes on any 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.
2.6.1 Exce ion. Declarant or Deciarant's affiliate may continue to
operate a nursery on any Lot or any portion of the Property owned by Declarant
or Declarant's affiliate and may utilize streets within the Property to move, plant
and relocate trees, shrubs and other nursery products.
2.7 Size Limitations and Carafes. The minimum floor area of each single ~
family dwelling erected upon a Lot, exclusNe of garages, patios, breezeways, storage
buildings, porches and similar structures shall be 1,700 square feet for gone-story ~(,
house and 2,200 square feet for atwo-story or tri-level house. No split level homes
shall be allowed. No garage for less than two.nor greater than four automobiles shall be
permitted on any Lot and garage doors shall be limited to three automobile widths, ~ "cs"t'il
except that one garage door may be oversized for a recreational vehicle. No portion of ~'~`'~'~'~
any dwelling originally constructed for use as a garage may be converted to any other el,.s? ~:. ~
use.
'a
2.8 Roofing. Only shake or the roofing shall be used on any structure 3 ~ ~j~,
constructed on a Lot unless approved otherwise in writing by the Architectural Control ~
Committee. -
2.9 Landscaping. All Lot owners shall prepare and submit a landscape plan
to the Architectural Control Committee. Unless otherwise required by said Committee, _ _
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all portions of a Lot which ar unimproved with a dwelling, garage, patio or other
structure shall be landscaped. Landscaping in the front yard and street side yards on
comer Lots shall include sod ingg and the planting of no less than three ornamental
trees of a size and type as m y be approved by the Architectural Control Committee's
rules. Grass shall be planted in the back yard within six (6) months of occupancy. All
landscaped areas shall be watered by pressurized sprinkler system.
2.10 Fences. No fence, hedge or boundary wall situated anytnrhere upon any
Lot shall have a height greater than six (6) feet, or such other lesser heights as the
Architectural Control Committee may specify, above the finished graded surface of the
ground upon which such fence, hedge or wall is situated. Chain-link fences are hereby
prohibited, EXCEPT where required by Declarant or any public agency in order to
secure utility sites, irrigation or drainage facilities, or other public use as deemed
necessary. All fences shall be of vertical cedar design and construction. No fences of
basket weave design shall be allowed. No fence shall be constructed past the front lot
plane of the dwelling. On comer Lots, no fence shall extend past the front of the
dwelling, nor stop at the rear plane of the dwelling on the street side yard, nor be closer
than ten (10) feet to the side Lot line. No fence, wall, hedge or shrub planting which '
obstructs -sight lines at an elevation between three (3) and eight (8) feet above the
roadways shall be placed or permitted to remain on any comer 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 lines or, in the case of a rounded property comer,
from the intersection of the street property lines extended.
2.11 Exterior Li htin4. Exterior lighting and interior lights reflecting outside
shall not be placed to cause glare or excessive light spillage onto neighboring Lots.
2.12 Temporary Structures. No improvements of 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.
2.13 Si~ns_. No sign of any kind shall be displayed to the public view from the
Property without the written approval of the Architectural Control Committee, except one
sign of not more than three (3) feet by two (2) feet advertising a Lot for sale or lease and
except such signs as may be used by Declarant in connection with the development of
the Property and sale of Lots. This restriction shall not prohibit the temporary placement
of political signs on any Lot by the Owner.
2.14 Oil and Mining Operations. No oil drilling, oil development operations,
oil refining, quarryin 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.
2.15 nimals. No animals, livestock or poultry of an kind shall be raised,
bred or kept on any Lot, except that dogs, cats or other household pets may be kept
provided that they 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. Owners are encouraged to place dog runs and kennels in rear yards. They - -
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•
shall only be permitted to be placed and maintained in rear or side yards and in no
event shall such structure be visible from a street. All such kennels or facilities shall
comply with all applicable laws and rules, except that dog runs and kennels may be
placed within side and rear yard setback lines.
All dogs and cats or household pets kept on these premises shall be properly fed
and cared for and shall be adequately fenced so as not to annoy or trespass upon the
use of property of others. Doffs shall not be allowed to run at lar a and must be
leashed when outside any dwelling or fenced yard. No more than two~2) animals may
be kept at one time, except that a litter of young may be kept until eight (8) weeks old.
2.16 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 within the interior of a Unit in sanitary containers. Ail 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.
2.17 Stght Distance at Intersections. No fence, wall, hedge or shrub
planting which obstructs sight lines at elevations between three (3) and eight (8 feet
above the roadway shall be placed or permitted to remain on any comer 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 lines, or in the case of a rounded
Property comer from the intersection of the street Property lines extended. The same
sight line limkation shall apply on any Lot within ten (10) feet from the intersection of a
street Property line with the edge of the 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.
2.18 Deciarant's Right. Declarant reserves the right to construct residences ?
and other improvements upon said Lot a~d to offer the same with completed structures ~
thereon for sale to individual Owners. ~~
2.19 Boats. Campers and Other Vehicles. Parking of boats, trailers,
motorcycles, snowmobiles, golf carts, maintenance equipment, trucks, motor homes,
campers and like equipment, including any junk cars, inoperable cars or vehicles, or
unsightly vehicles, shall not be allowed on any part of the Property, nor on streets
adjacent thereto or within the Property, excepting only within the confines of an
enclosed attached garage. Notwithstanding the foregoing, any Owner or guest of any
Owner may park a trailer, boat, motorhome or camper on a driveway or a public street in
the Property for a maximum of three (3) consecutive days, provided such is not
violation of the ordinances of the City of Meridian. The Committee shall bet a so a and
exclusive ju ge o approved parking.
2.20 Sewaae Disposal. No individual sewage disposal system shall be
permitted on any Lot. Ail recorded Lots within this Subdivision shall be subject to and
restricted by the following recorded Subdivision Covenants:
2.20.1 A monthly sewer charge must be paid after connecting to the
Meridian City public sewer system according to the ordinances and laws of
Meridian City.
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2.20.2 Owner shall submit to inspection by either the Department of
Public Works or the Department of Building Safety whenever a subdivided Lot is
to be connected to the sewage system.
2.20.3 The Applicant/Owner of the Subdivision shall and hereby does
vest in Meridian City the right and power to bring all actions against the Owner of
the Premises hereby conveyed or any party thereof for the collection of any
charges herein required and to enforce the conditions herein stated.
2.20.4 The recording of~s plat by Declarant shall be deemed and
construed as a request for the annexation of its Property to the corporate limits of
Meridian City. Such requests and consents shall be binding on all subsequent
purchasers or Owners of Declarant's property.
2.21 Bathrooms. All bathrooms, sink and toilet facilities shall be inside
residence buildings and shall be connected by underground pipes directly with the
sewer system.
2.22 ntennae. No television antennae, satellite receivers or radio aerials
shall be installed on the Property, other than within the interior of a Unit.
2.23 Unsightly Articles. No unsightly articles shall be permitted to remain on
any Lot 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 scrap or
other similar matedal or articles shall be kept, stored or allowed to acxumulate on any
portion of the Property except within an enclosed structure or appropriately screened
from view as approved, in writing, by the Architectural Control Committee: Screened'
is defined as being~concealed or made non-visible from eye level, at grade, at ail points
within the Property.
2.24 Construction. During the course of actual construction of any
permanent improvements, the restrictions contained in this Declaration and any
supplemental declarations shall be deems Na' to the extent necessary to permit
such construction, provided that during a course of such construction nothing shall be
done which will result in a violation of these restrictions upon completion of construction
and all construction shall be diligently prosecuted to completion, continuously and
without delays.
2.25 Reconstruction. In any case where it is necessary to reconstruct a Unit,
said reconstruction shall be prosecuted diligently, continuously, and without delays from
time of commencing thereof until such structure is fully completed and painted, unless
prevented by causes beyond control and only for such time that such causes continue.
2.26 Prosecution of Construction Work. The construction of ail dwelling
houses and structures shall be prosecuted diligently, continuously and without delays
from the time of commencement thereof until completion and painting. All structures - -
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shall be completed as to external appearance, including finish painting, within one (1)
year from the date of commencement of construction, except as may be expressly
extended by the Architectural Control Committee.
2.27 Maintenance and R®pair. In the event the improvements on any Lot
shall suffer damage or destruction from any cause, the Owner thereof shall undertake
the repair, restoration and reconstruction thereof within ninety (90) days of such damage
or destruction.
2.28 No Dum~ing. 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 Declarant or the Architectural
Control Committee. The Owner of any Lot who dumps such material shall be liable for
the cleanub and/or removal costs.
2.29 Excavatlon. No excavation for stone, sand, gravel, earth or minerals
shall be made upon a Lot unless such excavation is necessary for the construction of
improved structure thereon.
ARTICLE III
ARCHITECTURAL CONTROL COMMITTEE
3.1 Architectural Control Committee. The architectural control of the Lots
and Common Area within the Property shall be mana ed by the Architectural Control
Committee, which shall consist of no less than three (3} persons and no more than five
perso a Doard may determine. The Committee decisions may be made by a
~~ majorrty of its members. The initial Architectural Control Committee shall be comprised
of Vicki Welker, Jack Gibson and James Igel, who shall serve until the last Lot in the
Project or in any annexed Property, is sold and the plans for such improvements
thereon have been approved byy the Committee. Thereafter, the Arch~ectural Control
Committee shall be appointed b the Board of Directors of the Association who may
appoint one or more of its members to serve on the Architectural Control Committee
and whose members shall in all events be owners of the Lots in the Project. The
committee shall act as an Architectural Control Committee and shall, prior to any new
construction in said subdivision, be furnished with one set of detailed plans and
specifications of any proposed building to be located on said Property and shall be
allowed fifteen (15) days to review said plans, drawings and specifications. If said
Committee shall approve the proposed building, or any modrtication or alteration
thereof, they shall so indicate by the dating and signing of the set of plans by two
members of the Committee, and their a proval shall be construed as full compliance
with the provisions of paragr hone (1 ~ of the original Covenants. Said Committee
shall have the sole discretion o determine what shall be substantial compliance with
said Covenants. No building all occupy any portion of said Property without prior
consent of said Committee.
A Committee member may participate in the Committee's decision regarding his
own improvements on his own plans and specifications. Notwithstanding any other
provision to the contrary in this Declaration, a majority of said Committee is empowered - -
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3.7 inspection of Work At any time during construction or after completion
of construction, the Committee or any member thereof may inspect the work and should
the Committee determine that the work or improvements are not being made in
conformance with the plans and specifications submitted to and approved by the
Committee. may notify the applicant and demand that such improvements be
constructed or reconstructed in accordance with the submitted plans and specifications.
Should the applicant, the Owner or the applicant's or Owner's contractor fail to construct
or reconstruct the improvements in accordance with the plays and specrfications
submitted within five (5) days after written notice of noncompliance by`the Committee,
the Committee may seek any judicial remedy at law or in equity, including a mandatory
or,affirmative injunction to require compliance with such plans and specifications, or this
Declaration, and shall additionally be entitled to recover its reasonable attorneys fees
and costs. ,
3.8 rl n The Committee may authorize variances from compliance
with any of the architectural provisions of this Declaration or any supplemental ~Le~
declaration, including restrictions upon height, size, floor area or placement of
structures, or similar restrictions, when circumstances such as topography, natural ~T~'l
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 with respect to the matter for which the variance was 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 govemmental laws and
regulations affecting his use of the premises, including but not limited to zonin p d ~'
ordinances and Lot setback lines or requirements imposed by the City of Meridian or ~~ o ~
any govemmental authority. ~2
ARTICLE IV
EASEMENTS
4.1 Maintenance and Use Easement Between Walls and Property Lines.
Whenever the wall of a structure or a fence constructed on a Lot under plans and
specifications approved by the Committee is located within three (3) feet of the property
line of such Lot, the Owner of such Lot is hereby granted an easement over and on the
adjoining Lot (not to exceed three (3) feet from the property line) for purposes of
maintaining and repairing such wall or fences and eaves or of er overhangs, and the
Owner of such adjoining Lot is hereby granted an easement for landscaping purposes
(not including permanent structures) over and on the area, ~ any, lying between the
Property line and such structure or fence so long as such use does not cause damage
to structure or fence.
4.2 Riaht-of-Way Easements. All Lot lines common to a public right-of- .
way line shall have a ten (10) foot wide permanent public utilities, drainage and irrigation - -
easement.
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6.3.1 From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment may
be increased each year not more than 5% above the maximum assessment for
the previous year without a vote of the membership.
6.3.2 From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment may
be increased above 5% by a vote of two-thirds (2/3) of each class of Members
who are voting in person or by proxy, at a meeting duly called for Phis purpose.
6.3.3 The Board of Directors may fix the annual assessment at an amount
not in excess of them um.
6.3.4 In additi n to the regular assessments authorized above, the
Association may levy in any assessment year, a special assessment applicable to
that year only, for the purpose of defraying, in whole or In part, the cost of any
construction or reconstruction, unexpected repair or replacement of a described
capital improvement upon the Common Areas, including the necessarryy fixtures
and personal property related thereto, provided the assent of a two~hirds (2/3)
majority of the complete votes represented by those Members who are voting in
person or by proxy at the meeting duly called for this purpose is obtained.
6.4 ~lniform Rate of Assessment. Both regular assessments and any special
assessment must be fixed at a uniform rate for all Lots, and may be collected on an
annual, quarterly, or monthly basis in the discretion of the Directors; except that
assessments may be levied applicable to some Lots only, with prior consent by the
Owners of such Lots, if such procedure is considered equitable in the discretion of the
Board in order to construct facilities to be available to the Members desiring to pay for
the cost thereof. ..
6.5 Notice and Quorum for any Action Authorized Under Sections 3 and 4.
Written notice of any meeting called for the purpose of taking any action authorized
under Section 3 or 4 shall be sent to all Members not less than 30 days nor more than
60 days in advance of the meeting unless waived in writing. At the first such meeting
called, the presence of Members or of proxies entitled to cast sixty percent (60%) of ail
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 quorum at the preceding meeting. No such subsequent meeting
sha I be held more than 60 days following the preceding meeting.
6.6 Date of Commencement of Annual Assessments• Due Dates. Except as
provided in paragraph 6.9 of this Article VI, all Lots upon which buildings have been
constructed shall be subject to the annual or monthly assessments provided for herein
on the first day of the month following issuance of an occupancy permit for that Lot. The
Board of Directors shall fix the amount of the regular assessment at least thirty (30)
days in advance of each assessment period. Written notice of the assessment dates
shall be established by the Board of Directors. The Association shall, upon demand at
any reasonable time, furnish a certificate in writing signed by an officer of the - -
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