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HomeMy WebLinkAboutAshford Greens Sub No 4 FPHUB OF TREASURE VALLEY btayor ROBERT D CORRIE A Good Place to Live LEGAL DEPARTMENT . Cooncil Memhers CITY OF MERIDIAN (308) 88-t-~126a PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY ~ ~~J cENEj T iVIERIDIAN, IDAHO 83 ~';ox~ ss~-~ati RON ANDERSON ~~ 1 1 Phone (208) 888-4433. • Fax (208)7-4813 v PLANNING AND ZONING KEITH BIRD SEP ~ ~ 1998 D 8A8 1 O 3~ - 533 C~" OF N~IEP~IDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 29, 1998 TRANSMITTAL DATE: September 8, 1998 HEARING DATE: October 6, 1998 REQUEST: FINAL PLAT FOR ASHFORD GREENS SUB N0.4 BY: BRIGHTON CORPORATION LOCATION OF PROPERTY OR PROJECT: Portion of W'/2 of the W'/, Sec. 3, T.3N., R.1W. B.M. TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, PJZ ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT -CITY ATTORNEY CITY ENGINEER CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: ~ V ~~ ~~ Jv~ f ~ /3 ~ sus M- ~(,~ .~- .~u., LcS1;,v~ iS SfA.~7`'~~~ UGC, CvM~o./ S ~~ ~~ I ~a 1' ,~ ~. r I~EcE'~D O C T 0 6 1998 MERIDIAN CITY COUNCIL MEETING: OCTOBER 6 1998 ~p3~ RIDIAIV APPLICANT: BRIGHTON CORPORATION ITEM NUMBER:"G & ZOi~'IhTG REQUEST: FINAL PLAT FOR ASHFORD GREENS N0.4 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: {NTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall11 become property of the City of Meridian. ~ D~Z~ ~t ~ ~ 1'~'l~ggt.. ~Of h.~"'^~ ~OX ~v~~ ~~ SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED EVAL. SHEET SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS s it Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 p LEGAL DEPARTMENT (208)884-4264 KEITH BIRD MEMORANDUM: PUBLIC WORKS BUILDING DEPARTMENT (2081887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 October 1, 1998 To: Mayor and City Council REcE~D From: Bruce Freckleton, Assistant to City Engineer~9'C~ Shari Stiles, P&Z Administrator O C T p~ 1998 Re: ASHFORD GREENS NO.4 By Brighton Corporation CITE OF MERIDIAN (Request for Final Plat approval) We have reviewed this submittal and offer the following comments, as conditions of the final plat. These conditions shall be considered in full, unless expressly modified ar deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the normal groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, with street development plans. 4. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. Please address, in written form, all items contained in this memorandum and submit to the City Clerk's office by 5:00 P.M. of the Monday prior to the scheduled meeting of the City Council. Prior to development plan approval, three copies of the revised plat must be Ashford4.FP.doc { (1 Mayor, Council and P&Z October 1, 1998 Page 2 reviewed by the Public Works Department for compliance with all conditions of plat approval. SITE SPECIFIC COMMENTS 1. This final plat generally conforms to the approved preliminary plat. 2. Submit detailed landscaping plans for the common areas, including sizes and species of vegetation and details of walkways, for approval prior to signature on the final plat. A letter of credit or cash will be required for these improvements prior to signature on the final plat. All landscaping is to tie completed prior to obtaining certificates of occupancy. 3. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. Sidewalk improvements will be required along entire frontage of N. Black Cat Road (Ashford Greens No. 1, 3, and 4) as well as within development. 4. Sanitary sewer service to this site will be via the existing main that traverses through the development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. Water service to this site will be via an extension of an existing main that traverses through the development. Applicant will be responsible to construct the water mains to and through this proposed development, as well as the 10" diameter water main connecting the Ashford Greens development ~to The Lakes at Cherry Lane development, as shown on sheet 18 of the approved development plans for Ashford Greens Subdivision. This interconnection is needed to provide a more reliable "looped" water system to this area. With all of the growth in the area, the volume of flows available for fire protection has been deminished. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 6. All street signs, road base, street lights, pressurized irrigation system, domestic water system (activated fire hydrants}, and fencing are to be installed prior to obtaining building permits. 7. The developer shall be required to update the pressurized irrigation system O&M manual to include all phases of this development. A substantially complete copy shall be required prior to development plan approval, and the final complete copy, including as-built drawings shall be required prior to the City's final subdivision approval. 8. "The Real Point of Beginning"- shown on the face of the plat doesn't match the corresponding point as noted in the legal description of the Certificate of Owners. Revise the face of the plat to match the legal description. a,~,ro~aa.Fr.a« ~ a ~ `Y ~ z~ Mayor, Council and P&Z October 1, 1998 r Page 3 '~ 9. The Land Surveyor preparing the plat shall affix his seal, signature and date to the face of the plat. 10. Please provide a detail on the face of the plat that is an exploded view of the lot pin configuration for the northwest corner of Lot 24, Block 19. 11. Please add or revise the following plat notes: (1.) Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Meridian. (6.) .., highest known seasenal normal ground water elevation. (8.) ... time of resubdivisio (11.) A blanket easement shall cover Lots 2, and 12, Block i9, for the benefit of the City of Meridian for a water main. 12. Revise the domestic water service origin note in the Certificate of Owners to read: "All lots within this plat will be eligible to receive water service from the City of Meridian's municipal water system, and the City of Meridian has agreed in writing to serve all the lots in this subdivision." 13. Graphically depict 10' wide Public Utilities, Drainage and Irrigation Easements along the northern boundary of Lot 9, Block 19, and the western boundary of Lot 13, Block 19. 14. Please correct the last call prior to "The Real Point of Beginning" in the legal description of the Certificate of Owners (S 00°38' 11"W, should read N 00°38' 11" E). Ashford4.FP.doe { # ~ ' 1 i HUB OF TREASURE VALLEY ~ ~ Mayor LEGAL DEPARTMENT 3 ROBERT D. CORRIE A Good Place to Live ,, {' Council Memberc CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (2os) 8s7-22 u RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 ~ T PLANNING AND ZONING KEITH BIRD ~~~jFi1 v FD DEPARTMENT (208) 88~t-5533 SEP 0 9 1998 C~t~Y OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN ' To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 29, 1998 TRANSMITTAL DATE: September 8, 1998 HEARING DATE: October 6, 1998 REQUEST: FINAL PLAT FOR ASHFORD GREENS SUB N0.4 BY: BRIGHTON CORPORATION LOCATION OF PROPERTY OR PROJECT: Portion of W'/z of the W'/, Sec. 3, T.3N., R.1W. B.M. TAMMY DE WEERD PIZ MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT -CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH-... NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORT EPARTMENT ADA COUNTY (ANNE ) YOUR CONCISE REMARKS: -CITY FILES ,. ~ ~ i~~. • e 1 ~~ Mayor HUB OF TREASURE -/ALLEY ' ROBERT D. CORRIE A Good Place to Live /' Q CI 1 Y LEGAL DEPARTMENT ~ c°`°`~~ OF MERIDIAN (208) 884-4264 CHARLES ROUNTREE PUBLIC WORKS GLENN BENTLEY 33 EAST IDAHO ~ BUILDING DEPARTMENT RON ANDERSON MERIDIAN, IDAHO 83642 (208) 887.221 I ~~ Phone {Zpg) 888.4433 • Fax (208) 887-4813 KEITH BIRD PLANIY[NG AND ZONING DEPARTMENT R>F`C`F!!~,r~r~ (208) 884-5533 SEP 0 9 ,~~~ TRANSMITTAL TO AGENCIES FOR COMMENTS O1W~~jI'1VIENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Se tember 29 1998 TRANSMITTAL DATE: September 8 1998 HEARING DATE: October 6 1998 REQUEST: FtAlei o~ AT t~~~ .....____ BY: LOCATION OF PROPERTY OR PROJECT: Portion of W % of the W Z Sec. 3 T.3N. R.1 W_ R M ,_ TAMMY DE WEERD P/Z MALCOLM MACCOY, PiZ MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, PIZ ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT -CITY ATTORNEY CITY ENGINEER CITY PLANNER ----CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN fRRIGATiON DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELlM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONC~E REMARKS: ri J MERIDIAN MERIDIAN WATER DEPT. MERIDIAN 4 2235 N.W. 8TH STREET MERIDIAN; IDAHO 83642 (208) 888-5242 FAX: 884-1159 September 10, 1998 I recommend-that the-offsite ~l~"-inch water main on W,-Harter-P-0ir~t~r.~e-constructed-{xior to approval of any more phases of Ashford Greens subdivision. The installation of this water main would create a looped system and would help with fire flows as well as water quality. Chip Hudson Asst. Superintendent... Meridian -Water-Dept.-. 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V I. / .~ ` ./ h~ • /i i (/ r' ~, -,o .., > • / ,,0~ / ~~~ ~ ry ~' -~ l CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division p11'HEALTH ~~~'E~D Retur^n Boise DEPARTMENT SEP 1 6 1998 ^ Eagle Rezone ~# ^ Garden City ~~~ = ~~ ~x 1 ~ Meridian Conditional Use ## /?Sh ~-roL ~ / ^ Kuna Preliminary Flnal /Short Plat 7`a ~Y~c~~/s' ~~c~f /is i~.~ ~` T ^ ACZ ,GAR/G/~ 7'~0/ ~vr~ . ^ I. 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 conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. S. After written approval from appropriate entities are submitted, we can approve this proposal for: .® central sewage ^ communiry sewage system ^ community water well ^ interim sewage ,~ central water ^ individual sewage ^ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ~ central sewage ^ community sewage system ^ community water ^ sewage dry lines ~. central water ,® 10. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I2. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ beverage establishment ^ grocery store ^ 14. ~ _ ^ child care center Date: J / /~ ~~ r- Reviewed By: f0~ coeo carpi gym. «.. rror ReY12W Sheet I ,. ,I;~~ CENTRAL ~ ~ °- ~ ~>~~~ 00 DISTRICT ~ ~~ ~It! t + '`HEALTH t `~'' MAIN OFFICE • 107 N. ARMSTRONG Fl. • 801SE, ID 83704-0825 • (208) 375.52611 ~ FAX 327.85C0 ' rte, ~ DEPARTMENT To pretient and treat disease and disabifity; to prvn+ote ltealllry lifestyles; and to protect and pranote the ftealth a++d quality of our er+vironn+en!- , ~ ,+'j] •~! r i - ~ .~ E 1 • ENT RECOMMENDATIONS STORMWATER MANAGEM ~~ t~; +,ti. + {• + ~ E We recommend that stormwater be pretreated through a grassy swale prior to , ° E, vent im act to roundwater and surface water- discharge to the subsurface to pre p g quality. 4 The engineers and architects involved with the design of this project should obtain .current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1 1) State. Of Idaho Catalog Of stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of ~~ Environmental Quality, July 1997. t ~.~ F 4. 2) stormwater Best;:Management Practices Guidebook. Prepared by' City'Of ~ Boise Public Works Department, January 1997. I t~ stormwater , 3/98:d1y ~ ~ 1 ~ l Serving Valley, Elmore, Boise, and Ada Counties Ada /Boise County Office Ada-WIC Satellite Office Elmore County Office 8th Street N. 520 E 707 ~`!. Armsrong PI. 1606 Roberts . Mountain Home. ID 83647 Boise, 10 8370a Boise, ID 83705 Health: 587-9225 Enviro Enviro. Heclth: 327.7499 Ph. 334-3355 FAX: 334-33552p . Family Heath: 587-aa07 Family Planning: 327-7400 WIC: 587-4409 Immun¢aticns: 327-7450 FAX: 587-3521 Sen;cr Nutnticn: 327-7460 ~rnC 327-74x,8 ~ FAX: 327-35C0 Valley County Office 703 N. 1 st Street ~ ~ P.O. Box 1448 ,;1, McColl, 10. 83638 Fh.634-7194 ~ ~+~i FAX: 634-2174 !! e• __ _ --- -- 1. - ~ I t 14 September 1998 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 RE: Final Plat for Ashford Greens Subdivision Nos. 3 and 4 Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 466-7861 for further information. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely,. ~~ ~~~ Bi~nson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH.•dln cc: File -Shop File - O, f~`ice Water Superintendent s ~EcErvED S E P 2 t 1998 CITY OF 1'IERIDL~~ '~r~a ~ ~;~e~:~d~ ~In~i~atia~ D~~x~ct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS ~ 23,000 BOISE PROJECT RIGHTS - 40,000 E. a, ~ , { i. [[ i Lonny R. Fox, P.E. Hubble Engineering, Inc. 9550 West Bethel Court Boise, ID 83709 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 ~~~ J Phones: Area Code 208. J OFFICE: Nampa 466-7861 SHOP: Nampo dbb-0663 RE: Land Use Change Application for Ashford Greens Subdivision Nos. 3 & 4 Dear Mr. Fox: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above-referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between you and the Irrigation District for the ownership,. operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, 7[ ~~ ~d.-~C.it~ C Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent Brighton Corporation City of Meridian enc. APPROXIMATE IRRIGA9lE ACRES 'l~av~r~ia & ~~~u'dia~ ~In~igatiaac D~a.~'cict RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS • 40,000 15 September 1998 ~.~e .. i suBOlvlsl RECE'~D' ON EVALUATION SHEET r ; SEP ~22 1998t'~ Proposed Development Name ASHFORD GREENS NO. 4 City MeridianClTY OF MERIDIAN Date Reviewed 09/1.7198 .Preliminary Stage Finaf XXX Engineer/Deve{oper .Hubble Engr. /The Brighton Corporation The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat "W. CHERRY LANE" "W. USTICK ROAD" "N. BLACK CAT ROAD" "W. TALAMORE BLVD." "i~ . Z.r"~ti-i~i v^v -r'u~~ c~z No new proposed street names were sug gested for this plat These findings are subject to recordation of the surrounding arooerties. hmaia~¢eratre~tts 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, AGEN~jY REPRESENTATIVES OR DESIGNEES ~] / - Ada County Engineer Ada Planning Assoc. City of Meridian Fire District Meridian John Priester Ann Hurley Representative Representative Date c C Date --- ~ -~ Date G -17- `~ ~ Date~~ /(J 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 !!!! Sub Index Street Index 3N 1 W 3 Section NUMBERING OF LOTS AND BLOCKS ~o Gc TRtSUBS\SM_CIIY.FRM CITY OF MERIDIAN FINAL SUBDIVISION PLAT CHECKLIST INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED X30 ~~~_~ '{'o roe- s ob~w-E~e~' t ~c~~ o~ q~3 E SUBDIVISION NAME: ~ ~~ ~ ENGINEER: ~a.,Q~ The :final plat hall include and be in compliance with :all items required -under Title S0, Chapter 13 of the Idaho Code. The final plat submittal. shall' include at least the following: ITEM DESCRIPTION COMMENTS 1. Thirty (30) copies of written application for .approval as .stipulated' by the Council 2. Proof of current ownership of the real property included in the proposed finale plat and consent of recorded owners of he `plat (warranty deed, signature sheet of final plat). 3. A statement of conformance with he approved preliminary .plat .and meeting :all requirements or conditions thereof 4. A statement of conformance with all require- ments .and provisions of his Ordinance s S . A statement of .conformance with acceptable engineering, architectural :and surveying .practices and local standards 6. Street name approval letter from Ada County 7. Three {3) .copies of the final engineering construction drawings :for streets, water, -sewers, sidewalks, irrigation and other public improvements 8. Thirty (30) prints of the final plat atil a scale of one inch equals three hundred feet (1" = 300'). Include subdivision -and street names, lot and block numbers onl.~. ~- ._ ,. e t/ . f~ FINAL SUBDIVISION PLAT CHECKLIST r ~ t~ Page 2 9. Thirty (30)'folded-copies of the final :plat containing the following .requirements and-three (3}-copies of the' signature' page. of the -final plat. .Plat shalt include: k a. Approved Plat Name / b. Year of platting / c. Sectional location of plat -County. d. North :arrow _ ~ _ v'' e. Scale of .plat (not smaller than 1 " =100') ~ , f. Streets and alleys with widths and;bearings ,. / g. Street names / h. Consecutive numbering of.all lots in each block, and each black lettered or numbered / i. Each and all Lengths of .the. boundaries of each lot including curve table / ~ j. Exterior boundaries shown by distance and bearing (heavier lines than streets and Lots) including curve table k. Descriptions of survey monuments 1. Initial point .and tie to at least two public land survey corners or, in .lieu thereof, to two monuments recognized by e City Engineer or County Engineer or surveyor; and also, if required by l .the City or county governing bodies, ~ give. coordinates based on the Idaho :coordinate system r m. Easements n. Basis of bearings o. Pertinent notes for easements, / restrictions, designations, etc. 1 p. band Surveyor - ::signed seal c~ q. Land .Surveyor business name -City i l ocat on r ~ r. Legend of symbols / s. Minimum residential -house -size /~ t. Adjacent platted subdivision names / ~ E 10. Fee Paid - ~ Lots @ $10.00/Lot ~~ coffin>` eo:~ ~a10 r C~ s t'~ i i 11. Other Information as Requested by Administrator, 1 ~ City Engineer, Planning & Zoning Commission, f or City Council r i r a i ~_d i ~ 3 F' i t d i FINAL SUBDIVISION PLAT CHECKLIST Page 3 t ~~ 12. Substantial differences between the approved preliminary plat and the final plat, variances not yet applied for, non-conformance with comments of staff and/or agencies, etc. , will be cause for`rejection and/or possible resubmittal to Planning & Zoning Commission for approval. -~ REVIEW BY:__ _Shari Stiles. Plannin,g~& Zoning Administrator Gary D. Smith~P.E., City Engineer ACCEPTANCE DATE: E ,.: i Fn BEFORE THE MERIDIAN CITY COUNCIL ~~~~~ FEB 0 4 1999 CITY O]~ ~ItID PLANNING & ZO IN THE MATTER OF THE APPLICATION ) OF BRIGHTON CORPORATION, } APPLICATION FOR FINAL PLAT FOR )ORDER OF CONDITIONAL ASHFORD GREENS N0.4, PORTION OF )APPROVAL OF FINAL PLAT THE W'/Z OF THE W'/2 OF SECTION 3, T. 3N. ) R. 1 W., MERIDIAN, IDAHO ) This matter coming before the City Council for Final Plat approval pursuant to § 11-9- 604 H Municipal Code of the City of Meridian this 17`" day of November, 1998 and the Council finding that the Administrator Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Bruce Freck{eton, Assistant to the City Engineer, listing 6 General Comments and 14 Site Specific Comments which are herein found fair and reasonable, and the Council having considered the requirements of the preliminary plat the Council takes the following action: lT IS HEREBY ORDERED THAT: 1.) The Final "Plat of Ashford Greens No. 4" as evidenced in Pfat bearing the job reference G:~,4SHFORDWSHFORD 31ASHFORD#4PLAT.DWG 8-20-98 SHEET 1 OF 2 98- 181 is Conditionally Approved subject to those conditions that the Applicant complies with Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Assistant to the City Engineer and Shari Stiles, Planning and Zoning Administrator, dated October 1, 1998, listing 6 General Comments and 14 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A" and by ~' C. 7 ~ ~~ 1' $ ~i r -~ Y' ~ ORDER OF CONDITIONAL APPROVAL OF 1 FINAL PLAT FOR ASHEORD~GREENSiNQ:-4 F. I e ~~,.~ -this reference incorporated herewith each comment therein as a separate condition of approval. 2.) The final plat upon which there is contained. the Certification and signature ofiz ¢ e, the City Clerk and the City Engineer verifying that the plat meets the City's requirements~and which shall be signed only at such time as the Plat dimensions are approved. by the City m y rr p[p i ~4 ~ ~1 ~ I ,~ ~~ ~~ ~. . ~, ~~ [ r .; . ~~ ' Engineer and the City Engineer has verified that all off site improvements are completed E' ~~ and/or the appropriate performance bond has been issued guaranteeing the completion of.~~-~P ~~~°~ ~ ~~ ' a a~ E, 1 off site improvements. ,` ~ ;; f .. '~ a ~ ~ By action of the City Council at its regular meeting held on November 17, 1.998. K _ =gtw w { t . `r f j ,. } y. D. CORRIE ~ ~~ yor, City of Meridian t ~ K Copy served upon Applicant, the Planning and .Zoning Department and the Public Works R {~ Departm t. ~ , , I f G/ . ~;'' `y~lhltllfft~7fj ~j'' ~ ,. By: ~ /~~ Dated: ~l 'f `~~v _k, ~ ,~. ~ ;~,, ~` .~.~ ity Clerk ,.5' T `~,~ f`'-.,. ~ ~~ ~ ~ y ~~~.~ ; .~ Y ~ a$ _~ ~'R're ~V ~r ~g~ ' ~ i\s° ~~{~~E-13ti fiii~~ } t p r t 6, t ~ S { ' ~.~ ORDER OF CONDITIONAL APPROVAL OF ' 2 FINAL PLAT FOR ASHFORD GREENS NO. 4 '~ ' `' t ~ # 3 € ;f i r :~ n„f~ i Mayor ROBERT D. CORRIE om ilM m rs CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD MEMORANDUM: October 1, 1998 To: Mayor and City Council RE~E~D From: Bruce Freckleton, Assistant to City Engineer~~r~ Shari Stiles, P&Z Administrator O C T 01 1998 Re: ASHFORD GREENS NO.4 By Brighton Corporation CI'1'~' OF 1~IERIDIAN (Request for Final Plat approval) We have reviewed this submittal and offer the following comments, as conditions of the final plat. These conditions shall be considered in full, unless expressly modified or .deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape`irrigation. 3. Determine the normal groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, with street development plans. 4. Indicate on the final plat .map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. Please address, in written form, all items contained in this memorandum and submit to the City Clerk's office by 5:00 P.M. of the Monday prior to the scheduled meeting of the City Council. Prior to development plan approval; three copies of the revised plat must be HUB OF TREASURE' VALLEY A Good Place to Live LEGAL DEPARTMENT ~ ~ CITY OF MERIDIAN PUBLIC WORKS 1 33 EAST IDAHO ButLDttvc DEPARTMENT MERIDIAN, IDAHO 83612 Goal ss~-z' I t t Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTti1ENT (208) 33-I-533 Ashford4.FP.doc Mayor, Council and P&Z October 1, 1998 Page 2 reviewed by .the Public Works Department for compliance with aIi conditions of plat approval. SITE SPECIFIC COMMENTS 1. This final plat generally conforms to the approved preliminary plat. 2. Submit detailed landscaping. plans for the common areas, including sizes and species of vegetation and details of walkways, for approval prior to signature on the final plat. A letter of credit or cash will be required for.these improvements prior to signature on the final plat. All landscaping is to be completed prior to obtaining certificates of occupancy. 3. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. Sidewalk improvements will be required along entire frontage of N. Black Cat Road .(Ashford Greens No. 1, 3, and 4) as well as within development. 4. Sanitary sewer service to this site will be via the existing main that traverses through the development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing' and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on .the south and west sides of centerline. 5. Water service to this site will be via an extension of an existing main that traverses through the development. Applicant will be responsible to construct the water mains to and through this proposed development, as well as the 10" diameter water main connecting the Ashford Greens development to The Lakes at Cherry Lane development, as shown on sheet 18 of the approved development plans for Ashford Greens Subdivision. This interconnection is needed to provide a more reliable "looped" water system to this area. With all of the growth in the area, the volume of flows available for fire protection has been deminished. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 6. All street signs, road base, street lights, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing are to be installed prior to obtaining building permits. 7. The developer shall be required to update the pressurized irrigation system O&M manual to include all phases of this development. A substantially complete copy shall be required prior to development plan approval, and the final complete copy, including as-built drawings shall be required prior to the City's final subdivision approval. 8. "The Real Point of Beginning" shown on the face of the plat doesn't match the corresponding point as noted in the legal description of the Certifcate of Owners. Revise the face of the plat to match the legal description. Ashford4.FP.doc f. ., Mayor, Council and P&Z October 1, 1998 Page 3 9. The Land Surveyor preparing the plat shall affix his seal, signature and date to the face of the plat. 10. Please provide a detail on the face of the plat that is an exploded view of the lot pin configuration for the northwest comer of Lot 24, Block I9. 11. Please add or revise the fotiowing plat notes: (1.) Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Meridian. (6.) ... highest known s,~se~ normal ground water elevation. (8.) ... time of resubdivisio . (11.) A blanket easement shall cover Lots 2, and 12, Block 19, for the benefit of the City of Meridian far a water main. 12. Revise the domestic water service origin note in the Certificate of Owners to read: "All lots within this plat will be eligible to receive water service from the City of Meridian's municipal water system, and the City of Meridian has agreed in writing to serve all the lots in this subdivision." 13. Graphically depict 10' wide Public Utilities, Drainage and Irrigation Easements along the northern boundary of Lot 9, Block 19, and the western boundary of Lot 13, Block 19. 14. Please correct the last call prior to "The Real Point of Beginning" in the Legal description of the Certificate of Owners (S 00°38' 11"W, should read N 00°38' 11" E). ashram<.~.~ r ' ~ t# ~~ ~ . F~, .€ ~• • ~~~ ~ I,pr ~ RECORDED - REQUES OF ~t~r CO!lNTY RECQRD~R .:. O~t'ri~ 1dAVARRO FEE DEPUTY STREET LIGHT AGREEMENT ~/ ~ O O O O~ 5 9 S L c ~-~ : Z-~ '~~ d This Street Light Agreement is made and entered into by and between by the CITY OF MERIDIAN and BRIGHTON CORPORATION, pertaining to the street lights in Ashford Greens Subdivision, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Brighton Corporation has provided four (4) street light poles, concrete pole bases, fixtures, bulbs, and ballasts to the residential development known as Ashford Greens Subdivision No. 3 in Meridian, Idaho. The parties acknowledge that the four (4) street light poles and fixtures were specially ordered items, not customarily used in residential developments. 2. Brighton Corporation (Ashford Greens Owners Association) or its assigns, agrees to replace, repair and provide any required maintenance of any of the above mentioned street lights, globes, ballasts, and/or components thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it ` is further agreed that Brighton Corporation or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that globes, and/or ballasts, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the four (4) street lights located in Ashford Greens Subdivision No. 3 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain globes and ballasts or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provides that Idaho Power would provide maintenance, globes, and ballasts. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photoelectric device. 5. It is understood and agreed that Brighton Corporation will assign its rights and obligations hereunder to Ashford Greens Owners Association. ASHFORD GREENS SUBDIVISION-StreetLightAgreement Page 1 3 b ~ 1 • • 6. This AGREEMENT shall be binding on Brighton Corporation, its heirs, successors and assigns, and the City of Meridian. DATED THIS ~ day of ~ 2000. CITY OF MERIDIAN, a municipality and political subdivi ' n of the State of Idaho. '`,,Sr~t3 tr 3 ~ ~ ~~,.~`~y OF yor r ATT ~` v~~`~o~~ ~ ~,% ~.:' SFAL rty Clerk ~~ c~°~ °'°~f,~C'~~I, 'd~N CORPORATION ~~l~~AF333 t3ii~t~~ By President TES Secretary ASHFORD GREENS SUBDIVISION -Street LightAgreement Page 2 .,,., ~I STATE OF IDAHO ) • ss. County of Ada ) On this day of ~(iY~t,C~C,9'' 2000, before me the undersi ned a ~- g , Notary Public}n and for said State, personally appeared I~.OVI,e;~-~- ~ . brri.~ and I/U ( ~ IGLi'1'L C-~ . ~C-~-tx , ~ , of the CITY OF MERIDIAN, a municipality and political subdivision of the State of Idaho, known to me to be the Mayor and City Clerk of Meridian, Idaho, who subscribed their names to the within and foregoing instruments in their capacity as Mayor and'City Clerk, and acknowledged to me that they executed the same in the name of the CITY OF MERIDIAN. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) '~, ~=" UG '~O :~~ ~~~ a: . . . . '•~OF~ .• •~~~~s~• STATE OF IDAHO ) ss. ~~ NOT Y UBLIC FOR IDAHO Residing at Meridian, Idaho Commission Expires: ~ bo County of Ada ) On this~~ day of 1 2000, before me, the undersigned, a Notary Public in and for said State, personally ap eared David W. Turnbull and Loretta Taylor known to me to be the President and Secretary, of Brighton Corporation, who subscribed there names to the within and foregoing instrument and acknowledged to me that they executed the same on behalf of said Corporation as President and Secretary. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~z®Qe®aaza~~~® - s r,,, o `" a ti o ~y ~ ~~ ~ .U 3 w a ~" A s 9 t" G ~ ~ i e t9q s~ B ~ ~® ,~ .~' sa wd~ "~ g~O~aoo~•~ ~O ~~ s'0'~!;F90 F ~ ~~~5~''~,,~ ~Lt~ /~ ~1~/rY' NOTARY LIC FOR IDAHO Residing at Meridian, Idaho Commission Expires: /~ ~~ - o?IJDS ASHFORD GREENS SUBDIVISION -Street Light Agreement Page 3 Meridian City Council %~~ r January 18. 2000 ~~~ ~ ,~ Page 4 i j q. M1 Item C. Tabled 12/21/99: Findings Of Fact And Conclusions Of Law: Request for,conditional use permit for 283-lot planned development for proposed Woodbridge Subdivision on 80.83 acres from R-T to R-4 by Woodbridge. Community, LLC -south '/z of the NW '/4, section 17, T3N, R1 E: , Item D. Tabled 1/4/2000: Findings Of Fact And Conclusions Of Law: Request for annexation and zoning of 150.79 acres of. land for R-4 zoning by Bear Creek, LLC -east of Stoddard Road and south of Overland E Item. E. Tabled 1/4/2000: Findings Of Fact And Conclusions Of Law: Request for preliminary plat for proposed Bear Creek Subdivision of r 326 single-family. dwelling lots by Bear Creek, LLC -east of Stoddard Road and south of Overland: r Item F. ,Tabled 1/4/2000: Findings Of Fact And Conclusions Of Law: r request for conditional use permit commercial subdivision mini- ; storage on Lot 2 of proposed Overland .Mini Storage Subdivision. By • Overland Mini Storage, LLC -1230 East Overland Road: ~ I Item; G. Proposal by Gary Smith concerning Latecomer Fees: , r Item H. Building Inspectors -Contract for Services: Item I. Streetlight Agreement with Brighton Corporation for Ashford Greens No. 3: ~ r Corrie: Okay. Council, we have the Consent Agenda, Items A, B, C, D, E, F, G; ~ H and, / in front of you. What is the pleasure of the Council on these Items? ~~ Bird: Mr. Mayor. I P .,t~,. Corrie: Mr. Bird. , , Fg ` ~ } v -~ t Bird: On the.: Consent Agenda, l would move that we approve Items A, B, C, H and. /; that we °pull D,and E and send back to open a public hearing. on 2/15/2000 and we table Item. F. Item G will be coming before: us on the 28th in ourx E workshop. ,~ , ~ ' ~. 1 ~i ~~ 9 ~s ~. ~' }, , I i• ~ ~t I i ~~ '~~ k Anderson: I'll second that.r • ~ t~ ~ ~~ Corrie: Okay. Motion's made and seconded to~approve Item A, B and C, H and ~ " ~ I; to have ~Item~ D and E to be placed :- re-opened for a public hearing on February ~ 15, 2000;- and Item G will go onto the workshop pon the„ 28th of this' =ti {g E !~ r1 k rd E k i ~~ IY~ ~ • t~,rfl -- -^ -~ - - -- i ~ , r Meridian City Council • January 18, 2000 Page 5 month, and Mr. Bird, did you want F to be tabled to the next meeting or just tabled for the night? Bird: Tabled until February 1 St, I believe we - Corrie: To February 1St Bird: Uh-huh. I'm sorry. Corrie: Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay. Council, we have apossibility - if Item No. 7 and 8 would be opened to the public hearing, open those both up as a public hearing to hear the annexation and zoning and the conditional use permit. Is there anyone that's here for the Magic View Office Complex have any problem with that? Just a little timing as far as opening it up together. Just open them together. And Item No. 9 and 10, the same thing; open them both up for public hearing at the same time. They'll be handled differently. Council, does that meet with your approval? McCandless: Yes. Bird: Yes. item 1. Reconsideration of Police Grant (hiring two officers): Corrie: Okay. Item No. 1 on our Regular. Agenda is reconsideration of the police grant, hiring two officers. Chief Gordon. Gordon: Mr. Mayor, Council members, what I've handed out was a reproduction of what I handed out the last time I brought this issue before you. One exception is on the front there. The closing date at that time was December 13~'. I have been able to obtain an extension to January 27th on this grant. Here again, f bring this back because I think it's extremely important because of the growth of the City that we accept this grant and put these two officers on the streets as soon as we can get them out there. The costs to th`e citizens of Meridian is half of what it's going to be over athree-year period, and even if we don't use them or you don't think we need them this year, if we hire them next year, we can't use this grant. This grant is a continuing grant. We've already hired eight officers on the grant. 1 don't know how long they're going to continue funding it. It was just re-funded again- for next year, so I can re-apply at that time for more officers, manpower. The need is there. I've given you in the facts sheet, some stats. I was just sitting over here waiting for my return in the front here, and just an example of what has happened since we started keeping statistics, on Page 7 of ** TX CONFIRMA~ REPORT ** DATE TIME TOiFROM 13 01/12 161? PUBLIC WORKS ~, AS OF 3AN 12 '0~~18 PAGE. 01 ~ CITY OF MERIDIAN r' MODE MINiSEC PGS CMD# STATUS OF--S 00'53" 004 129 OK 13rzg~i~on Corporation Post-it° Fax Note 7671 Der ~ ~ pages To p m Y Co.iDepL Cp_ vnone a na a Faz a ax January 11, 2A00 ~~~ ~~-~ f 2 Zaoo C~' ~~ ~ft~7DjAjY Mr. Will Berg City Clerk City of Meridian ^- • •-- - 33 E. Idaho Avenue Meridian, ID 83642 RE: Ashford Greens No. 3 Street Light Agreement Dear Will, Attached please find a Street Light Agreement between the City of Meridian and Brighton Corporation regarding Ashford Greens No. 3. Please review and if acceptable, please have executed and notarized, and return a copy to our office. If you need fwther information, please give me a call. Since , ~~~~1~~ Becky Hanks Brighton Corporation Enc. f . 12426 W. Explorer Drive, Suite 220 Boise, Idaho 83713 TEL 208-378-4000 FAX 208-3??-8962 I ~~ , ; r# ~, x ~ 1 BYighton Corporation P~~~ ~~ JA ~ 1 2 2000 CI'I'y ©~' ~~D~~ January 11, 2000 Mr. Will Berg City Clerk City of Meridian 3 3 E. Idaho Avenue Meridian, ID 83642 RE: Ashford Greens No. 3 Street Light Agreement Dear Will, Attached please find a Street Light Agreement between the City of Meridian and Brighton Corporation regarding Ashford Greens No. 3. Please review and if acceptable, please have executed and notarized, and return a copy to our office. If you need further information, please give me a call. Sincer f ~~~Z// _ Becky Hanks Brighton Corporation ~ - Enc. 12426 W. Explorer Drive, Suite 220 Boise, Idaho 83713 TEL 208-378-4000 FAX 208-377-8962 ~. .e [ . ~, ° 8 October 26, 2000. ~f , Bri hton ,~ ., t~: ~~~ ~ ~; :~ Corporation ~~ i ~~~-~ '~ ~ ,: m ~ ~' ;+ ~ ~~ ~, 3 a ~ EC~~ ~ ~~~ D e;= ~ C T 2 S 2000 ~ ~~ 4 COY ~F MERIDIAu~ ~ ~ ! , ~ ,~, t J 3 f. f,f E ; t ~s r ~ 1 Mr. Will Berg City Clerk ~ .~ ~ ~ , ~ ' ~_ ~ ' ~~~' City ofMeridian - ~ t ~ ~, 33 E. Idaho Avenue f~~~ Meridian, ID 83642 1 6: M RE: Ashford~Greens No.`4 -- ~ ., ~ ~Street~Light Agreement'g~ ~ f~ ~; w ~ , ' ,+ Dear Will, x r . Attached please find a Street Light Agreement between the City of Meridian and Brighton Corporation regarding Ashford Greens No. 4. . a - ~~ Please review .and if acceptable;. please have executed. and notarized,, and return a copy to our ~~ E office. } ~s~, ~ ~~;' If you need further information, please give me a call. .- t ~ ~' f~ ~ ' ~ Sincer ly _ ~ ~ r ~~~ ~ f !. ~ ~ ~. i ~ 1 `: ~~/~ ~ ~ ~t~ t. -Becky Hanks ~ 1 Brighton Corporation _ ~ ~ ~ ' ~ ~~ ~ :: Enc. ,,: .~~ , r, 12426 W. Explorer Drive, Suite 220 Boise, Idaho 83713 TEL, 208-378-4000 FAX 208; 377-,8962 ~~ j • STREET LIGHT AGREEMENT 4 d t~€ This Street.. Light Agreement is made and entered into by and between by~ the CITY OF MERIDIAN and BRIGHTON CORPORATION, pertaining to the street lights in Ashford Greens Subdivision, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Brighton Corporation has provided two (2) street light poles, concrete pole bases, fixtures, bulbs, and ballasts to the residential development known as Ashford Greens Subdivision No. 4 in Meridian, Idaho. The parties acknowledge that the two (2) street light poles and fixtures were specially ordexed items, not customarily used in residential developments. 2. Brighton Corporation (Ashford Greens Owners Association) 'or its assigns, agrees to replace, repair and provide any required maintenance of any of the above mentioned street lights, globes, ballasts, and/or components thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Brighton Corporation or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that globes; and/or ballasts, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the two (2) street lights located in Ashford Greens Subdivision No. 4 in the usual and customary manner.. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain glabes and ballasts or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provides that Idaho Power would provide maintenance, globes, and ballasts. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photoelectric device. 5. It is understood and agreed that Brighton Corporation will assign its rights and obligations hereunder to Ashford Greens Owners Association. ASHFORD GREENS SUBDIVISION-Street Light Agreement Page 1 ~ F i S r~ ~ '; ~~ t € !~ ( t f, , I f, ~, z I . _ . ~ ~ ...~L~~ ._ • • r 6. This AGREEMENT shall be binding. on Brighton Corporation, its heirs, successors and assigns, and the City of Meridian. DATED THIS day of , 2000. CITY OF MERIDIAN, a municipality and political subdivision of the State of Idaho. By Mayor ATTEST: City Clerk BRIGI~TON CORPORATION F By President A TEST: Secretary ASHFORD GREENS SUBDIVISION -Street Light Agreement Page 2 ~, • • STATE OF IDAHO ) ss. s County of Ada ) On this day of , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ~ and of the CITY OF MERIDIAN, a municipality and political subdivision of the State of Idaho, known to me to be the Mayor .and City Clerk of Meridian, Idaho, who subscribed their names to the within and foregoing instruments in their capacity as Mayor and City Clerk, and acknowledged to me that they executed the same in the name of the CITY OF MERIDIAN. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at Meridian, Idaho Commission Expires: STATE OF IDAHO ) ss. County of Ada ) On this _~~, day of 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared David W. Turnbull and Loretta Taylor known to me to be the President and Secretary, of Brighton Corporation, who subscribed there names to the within and foregoing instrument and ,acknowledged to me that they executed the same on behalf of said Corporation as President and Secretary. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~,`p~t ~ / 1 ~ ~ l~~~rs,,, ,,,s~~s ACC oss~ em7,~~ s~vo® ~,4' ~,~ . .eo ~ ®~ ,~ o"r n ~, s ° ~ ° ~"`~"`~' ~ NOT IfiBLIC FOR IDAHO g~, '° €J~ ~.. ~-~ o° •' Resi ing at Meridian, Idaho _ ® ~ ~ ~~~b~ 9 ,,~, ~ Commission Ex ices: ASHFORD GREENS SUBDIVISION-Street LightAgreement Page 3 ;~ ~, . 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HOl1Sf1 'M'~J tf'S ff'S ~~ ~~ > g ~~ ~~ W~ h m ~' ~; C h ~ °~ ~ a ~~ c`s 3W ~~ a~ 4£ h :T s o° ~ ~~' $ ~~ ~ ~~ 3~ ~~ ~°' ~~~ ~u ~ ~ =a~ ~W~ a ~~ og~'< h 1< ~ <4 „ ~~z $~ a. ff _ffi c. 1~' ~ s F ` g~a mi ~~~ ~~m W ~ O < < oo ~.: g~'ESZ Sm Wt ~~ 3~ nZ ~mc u WW~ hW Y oOZ < ay~1~ m~fy <~ ~OOF Z~ _~ dh ~~' Y~ ~~~~ ~~ Sh Y o 17{ <r p ~x o~ « ~°6 ~u 8h< ~€ W ~i o~~ Ai o-~~ < m,n p i8 ~g~ ~~` ~uo~ z~~ ~~ Z~ n ~ . n e Ih ~1 t 3 r .~ } August 17, 1998 ~ ~ STATEMENT OF COMPLIANCE AND CONFORMANCE FOR ASHFORD GREENS SUBDIVISION NO.4 The final plat of Ashford Greens Subdivision No. 4 has been prepared in substantial compliance with the approved PRELIlVIINARY PLAT OF ASHFORD GREENS SUBDIVISION and meets with the conditions and requirements of the preliminary approval; it conforms to the requirements of the City of Meridian Subdivision Ordinance and with accepted practices and standards of engineering and surveying. The proposed use is in conformance with the City of Meridian Comprehensive Plan and the current land use zone. The development will comply with all relevant City ordinances and requirements in connecting to City services. All appropriate easements have been provided. All street names will appear as approved by the Ada County Street Name Committee. All streets and related construction will be built to the standards of the Ada County Highway District and any relevant City ordinances. Don W/SubLetter/Ashford/AshGrn4SCC.MER r~ w ~ SUBDIVISION EVALUATION SHEET '°"`~`"~>-~"~" N i1 'Y `Lti-. v L .~-., ~J ` ~ ~~ ti Proposed Development Name ASHFORD GREENS City Meridian s ~ ~~~ ~~ z ~ Date Reviewed 12LQ5/96 Preliminary Stage Final ~4Q4C i Engineer/Developer~bble Enar. !Brighton Coro. ~ The Street name comments fisted below are made by the members of the ADA COUNTY STREET NAME COMMITTEE , (under direc>ion of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following ing street names shall appear on the plat as• - ~ °N BLACK CAT ROAD' - '~ °W USTICK ROAD' _ - %°N SILVERLEAF WAY' . - "'W MOON LAKE DRIVE' The following orooosed street names are approved and shall appear on the plat as• -- `~ °W TA AMORE BLVD' :~ `W BIG STICK CT.' '''N CALLAWAY PLACE' ' `N. GEDDES' ~~ _`N. CROOKED CREEK- D4~ is over ten letters in length and is approved subject to Ada County Hiahwav District acceptence in writting. .~-~- ~~`~ ~' ~-~-' a.. ' ~ -Y~~-~ i~ 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 designed in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AG CY REPRESENTATNES OR' DESIGNEES ~ ~ ~ Ada County Engineer John Priester _ Date /Z ' (L-Q~ ~ " Ada Planning Assoc. Ann Hurley _G~c~t~ct ~ ~*n Q o ~ Date 1 ~ - 12. - ~ fo O City of Meridian Representative Date /'-/2-9rr Fire District Meridian Representative Date l~-/l~~_ 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 3N 1 W~3 Section NUMBERING OF LOTS AND BLOCKS ~(G ~C../. ~/l~lt~~fo TRISUB5ISM CITY.FRM ;~ ~ = ... ": ,,r ~~'W. WICKED STICK CT' is over ten letters in lengkh and 1Q aFnn,..e.~ QubjeC{ to Ada E Countv Highway District acceDtenc~ in writing ~ , OO-N-1,4 ~ ~'t~t d ~ ~ _^-~ i ~ , ~ { 9E k 1 The following Drooosed street names are aRDroved and may be used for this da~eioDment•• ~ 7 "B NTGRASS' :~ 'D M_ARET' I rB A I s .... r E • BARD' 'MASHIE' f ._ `WAGGLE' ~1 °«+° P ~' .. -- - ~ $ ~ ~ 3 ~ ~~ REQUEST FORSUBDIVISION APPROVAL ~' _ FIN L PLAT ~ °' ~ ~ ~~ A PLANNING AND ZONING COMMISSION TIME TABLE .FOR. SUBMISSION: 4 E A request for final plat approval must be in the City Clerk's possession no later than three -days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it maybe acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 p.m., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision, Ashford Greens N o . 4 2. General Location, Portion of W1/2 of the W1/2, Sec. 3, T.3N. , R.1W. , B.M. Ada County, Idaho 3. Owners of record, Brighton Corporation Address, 12426 W. Explorer, .Ste. 220, Boise, ID-,.Telephone 378-4000 83713 4. Applicant, Brighton Corporation Address, 12426 W. Explorer, Ste. 220, Boise, ID 83713 5 . Engineer, L o n n v R . Fox , P . E . Firm Hubble Engineering Inc Address, 9550 Bethel Ct.~Bois A ID 83709 ,Telephone ~208~322-8992 6. Name and address to receive City billings: Name: Applicant Brighton Corporation Address: 12426 W. Explorer, Ste. 220, Boise, ID 83713 Telephone 378-4000 a FINAL PLAT CHECKLIST: Subdivision Features I. Acres: 7.62 2. Number of Lots: 21 3. Lots per Acre: 2.76 4. Density per Acre: 3.15 ± 5. Zoning Classification(s): R-4 R a F .t ..d vr- F ,~ - ~g~ S .• 1 ~. 6. If the proposed subdivision is outside the Meridian City Limits, but within the jurisdictional mile, what is the existing zoning classification n/ a . ~ ~` ` 7. Does the plat border a potential Been belt gol f course Lyes) greenbelt (no) .,, ~ 8. Have recreational easements been provided for "no 9. Are there proposed recreational amenities to the City no ' ~ Explain ~- -~ F i 10. Are there proposed dedications of cominon;areas no , , Explain ~ ` r For fixture parks ~ Explain ~ ' `• ~ ~ e ~. 11. What school(s)servicetheareaMeridian Elementary, Meridian Middle, Eagle H.S. °` e~ Do you propose any agreements for future school sites no ~ Explain . - 12. Other proposed~amenities to the City none Water Supply none ~ t Fire Department none ,Other ~ none C Explain - ~ ~,_ ~. _ ~t 13 . Type of building (residential, commercial, industrial, or combination) 1 Residential ~ ,: ~ R ~ ~- ,: 14. Type of dwelling(s), single family, duplexes, multiplexes, other J Single Family ,, . ~ e ~ ~ ~ 15. Proposed development features: - ~ ~ ~ ~ I a. Minimum square footage of lot(s) r .~ <. ~„ b. Minimum square footage of structure(s) ~ c. Are garages provided for YeS square footage 400 sq. ft. . r d. Are other coverings provided for no ~ ~ e. Landscaping has been provided for yes ~ E Describe common lots, cul-de-sacs, landscape: islands i~ 6 a. f' ' f s f. Trees will be provided for yes Trees will be maintained Homeowners Association M #r g. Sprinkler systems are provided for Yes f ~ {~ h. Are there multiple units n ° Type ~ - ~ ~~ yt k` F ~ r i. ~•. k. 1. m. ~( -` E ~ [, Remarks i ~ i~ ,. ~, 4y Are there special setback requirements no ~ `~ ~3 'Explain Has off street parking been provided for ves Explain dri vewavs Value range of property $115 , 000 to; $180 , 000 Type of financing for development c o n v en t i o n a 1 Protective covenants were submitted yes 'Date August 21, 1998 16. Does the proposal land lock other property no Does it create enclaves no .. 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. A1I sidewalks will be five (5} feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict.with City grid system. is 'form'.srrbapp. mer -- W -~ N A i -~ ~_+ N ` W , I ~' t Z N ~ ~ r r z ~ ~ o '~ I D 'n °° D r ~ ~n D D n ~ ~ s I~ _ i~ O V lO ~ ~ i I 1 i O _ _ ~ ~ r `~ J W A ~~ r ~ ~ ¢ 3 r a 5 r ~: ~--~ _ ~~ j ~ ~ ~~ ~~ . I I~ ~ _ i t ~I s o • ~~ „ C} NFOR +a .~. a n_ i I R 1 -300' ~~ ~ ~ ! ; W r i m t ~ ~o D ~' a a ~, ~ I N 1/ 4 + O O t ~ ~ .. , 1 4~ /~~ ~'~. ~, ~ \ o V _ q ~ Y WTALAMORE BLVD ~ II u + I v PROPOSED SHFORD GREENS ' + ~ '~ DIVISION No.4 +~ ~ a Z . f m I'. ~ ~~ ~ ~ ` ~~a 1 III a I~t ~; ~ti o ~ , ~~ '~ ~i~~~~;1 i ~ ~' ' u ~ \/ ~ N !1 '' I u a ~ I v i +l ii j ~ ~ ~ (`. i R k I k J ` F ~ °1 7 . ~ . . , a ~. ,. 1~ g~ tl~n ,7~~c~~ is ~HF~ ~~ ITAL ~- REcE~D SEP - 3 X998 2081 N.E. 10th Ave. SEP ~ ~ 1998 CITY OF MERIDIAN 1k1endlan,ID 8642 Sept. 2, 1998 >P~ ~ ~ Meridian City Council Dear_ CQgncil, I am.writingin.regacds ta_the_requestmade by gTina~Oarrica~onLark PL to estahlish_a_childcare at her home. My husband and.I attended both P andZ. Puhlic.hearin~the.first.one.postponing.this.re4uest. My husband spoke up at the meeting, Aug. 11-I did not- but on second thought I feel I need to put a.little more into. this. There.are.threehomes. on Willo~uhrook ihat.aiign_Ms_ Carrico's. property, our.'s,.of course, is directly behind hers. The noise (dogs,-they have 2,- kids, whatever) reverberates and is very loud. Our house is probably less.than25. feet fromthe.fence_ L recently taped_her children playing in :their yard close to their house and it is possible to even understand `conversations', even though it is_the.entire depth_of both...ya~ds. Ms.. Carrico.statedat.the.P alad.~meeting_that.shehad.now placed.a.gym set in her yarcLThi~ set is nearer to our fence than her house. She also stated that `her' children would make less noise tha.n_the..eight:hundred±. children.at.Chief lnseph'sschnoL_ Sirs,vre.ne~rer hear.the.activities ofthe school unless we should be outside, and then nothing to compare to this ladies' own children! Cauncil,_we.areretired folks,.not.neighhnrhaad_ogres.wha dislike.children,..hut.seninrsintere~ted in protecting the value of our property. My husband was an active Pastor for almost forty years, I worked in..our. Sunday School I~.epartment,.we.had.children_.who had.child.Cen,_ andnn~sr_ a.gr~at- grandchild! But we find the possibility of TWELVE to TWENTY-FOUR children directly behind us(notforgettingthe.fact it will saund.like.they areIlV our hause~ almnst_toa muclltn ask_o~us. Ms. Carrico's children are certainly `in their rights' to play and do whatever in their own yard, thaf~is their..home,.hut .again Lsay,_don'tyouu think it.too. much_to ask that.others. should.haYe to endure the above mentioned problems? This is_a~residentialneighborhnod,.for families,..nat ~usinesses,.and. I.recpuest_that.it remain} so ~-x:~ Respectfully Submitted. , i~ IoAnn Barkley M ,•.,~ Ms Joazm Barkley ~~ 2081 NE 10th Ave Meridian, ID 83842-3406 t, \ ~~, `~ ~ tl .. q: MASTER D~EpCLARATION `~_ CONDITIONS. RESTRICTIONS AN[ F2R ASHFORD GREENS SUBDIVISION April 1, 1997 ARTICLE I. RE ITAt r'U;1 I^~~, e?c~~~ ~ ,, „. ., r,- ~u t ~i t ~ ~( '97 f'r7, f';'i ~~ ~ 05 F .. F ~ _ ~ __ : c i' ---- WHEREAS, the undersigned (hereafter "Grantor") Is the owner of certain land in Ada County, Idaho, more particularly described as follows (hereafter "Property"): Lot 1, Block 1; Lot 1, Block 2; Lot 1, Block 3; Lot 1, Block 4; Lot 1, Block 5; Lot 1, Block 6; Lot 1, Block 7; Lot 1, Block 8; Lots 1 through and including 5, Block 9; Lots 1 through and including 3, Block 10; Lots 1 through and Including 3, Block 11; Lots 1 through and Including 4, Block 12; Lot 1, Block 13; Lots 1 through and including 25, Block 14; Lots 1 through and including 10, Block 15; Lot 1, Block 16; Lots 1 through and including 4, Block 17; Lot 1, Block 18; Lot 1, Block 19; and Lot 1, Block 20; ASHFORD GREENS SUBDIVISION, according to the official plat thereof filed in Book 73 of Plats at Pages 7567 and 7568, records of Ada County, ktaho. WHEREAS, the Grantor desires to subject the Property to the covenants, conditions, restrictions, easements, reservations, limitations and equitable servitudes herein set forth to (i) insure the enhancement and preservation of property values, (ii) provide for the proper design, development, Improvement and use of the Property by the Grantor and all other persons or entities who may subsequently acquire an interest in the Property and (Iii) create a residential development of high quality; WHEREAS, as additional land owned by the Grantor adjacent to the Property is platted and developed for uses similar to that of the Property, upon election by the Grantor, such shall become subject to the terms of this Master Declaration by annexing the same as provided herein; WHEREAS, because Ashford Greens Subdivision will be developed in several phases, each of which may have unique characteristics, needs and requirements, the Grantor may, from time-to-time, promulgate further conditions, covenants, restrictions and easements as "Supplemental Declarations" relating to particular tracts or parcels of real property within Ashford Greens Subdivision; WHEREAS, in order to achieve the objectives and desires of the Grantor, the Grantor will control the management and government of the Property and the non-profit association of Owners to be created until such time as the Owners take over the management tunctions through the Association upon substantial completion of the development process. ARTICLE II. DECLARATION The Grantor hereby declares that the Property and each lot, tract or parcel thereof (hereafter called "Lot," unless specified to the contrary), is and shall be held, sold, conveyed, encumbered, hypothecaied, leased, used, occupied and Improved subject to the following covenants, conditions, restrictions, easement, reservations, limitations and equitable servitudes (hereafter collectively called "covenants and restrictions"), all of which are declared and agreed to be (n furtherance of a general plan for the protection, maintenance, subdivision, Improvement and sale of the Property or any Lot therein, and to enhance the value, desirability and attractiveness thereof. The covenants and restrictions set forth herein shall run with the land and each estate therein and shall be binding upon all persons having or acquiring any right, title or interest in the Property or any Lot therein; shall inure to the benefit of every Lot In the Property and any interest therein; and shall Inure to the benefit of and be binding upon the Grantor and each Owner, and each suxessor in Interest of each, and may be enforced by the Grantor by and any Owner, or by the Owner's Association, as hereafter provided. Notwithstanding the toregoing, no provision of this Master Declaration shall be construed or enforced to prevent or limit the Grantor's right to complete,ndevelopment of the Property in accordance with the plan therefor as the same exists or may be modified from time to time by the Grantor nor prevent normal construction activities during the construction of Improvements upon any Lot In the Property. No development or construction activities shall be deemed to constitute a nuisance or violation of this Master Declaration by reason of noise, dust, presence of vehicles or construction machinery, erection of temporary structures, posting of signs or similar activities, provided that the same are actively, efficiently and expeditiously pursued to completion. In the event any dispute concerning the foregoing shall arise, a temporary waiver of the applicable provision(s) of this Master Declaration may be granted by the Architectural Control Committee provided that such waiver shall be for a reasonable period of time and shall not" be violative of the ordinances of the City of Meridian and/or Ada County, Idaho, applicable to the Property. Any such waiver need not be recorded and shall not constitute an amendment of this Master Declaration. in the event of a conflict between the provisions of this Master Declaration and the requirements of the ordinances of the Gty of Meridian and/or Ada County,. Idaho, applicable to the Property, the more restrictive shall control. ARTICLE III. DEFINITIONS As used In this Master Declaration, unless the context otherwise specifies or requires, the following words and phrases shall k be defined as follows: ~i~~o~l~~.i ACC: The Architectural Control Committee for the Property. ACC Rules/ACC Standards: Such rules or standards promulgated by the Grantor and/or the 'ACC ae authorized by Section 5.28, below. Annexation: The process by which additional tracts or parcels of land not initially a part of the Property are made subject to this Master Declaration. MASTER DECLARATION - 1 1 .. ~ l: Ashford Greens Owners Association. Inc. The kfaho non-profit corporation organized by the Grantor and compromised of Members and existing for the purpose of prov(ding self-government (or the Property. Ashford Greens Subdivision: The whole of the Property and any additional land annexed thereto as provided herein (also somet(mes referred to herein as "Property"): - 1, l Assessment: A payment required of Association members, induding Regular, Spedal or Umited Assessments ~ „ _ as provided in this Master Declaration. Association: Ashford Greens Owners Association, Inc., an Idaho non-profit corporation. Board: The duly elected and qualified Board of Directors of the Assodation. Building: A structure constructed on a Lot on a temporary or permanent basis and unless specified to the contrary, shall (ndude all other appurtenances and Improvements thereto or used 1n connection therewith. By-Laws: The By-Laws of the Assodatlon, (ndud(ng any amerximents thereto duly adopted. Common Area: All real property, or interest therein, Located within or outside of the boundaries of the Property in which the Association owns an interest or controls or which the Association is obligated to maintain, and which is owned, held, controlled or maintained for the betterment of the Owners and Oxupants of the Property. Development The project to be undertaken by the Grantor resulting in the improvement of the Property, or any additional property annexed hereunder, including landscaping, amenities, construction of roadways, utility services and other improvements. raptor: The undersigned owner of the land comprising the Property, induding a successor of the undersigned Grantor, which suxessor succeeds to the ownership of all of the Grantor's Interest in the whole of the Property. Improvements: All structures and appurtenances thereto of all kinds and types, Including but not limited to, Buildings, roads, driveways, park(ng tots, sidewalks, walkways, walls, fences, screens, landscaping, poles, signs and lighting. Improvements shall not (ndude those Items which are located totally on the interior of a Building and cannot be readily observed when outside thereof. initial Construction: The first construction of permanent Improvements on a Lot following the sale of that Lot by the Grantor to an Owner, and intended for residential occupancy. U nRed Assessment M Assessment levied by the Association upon one or more Lota, but not upon all Lots within the Property, for the purpose of securing payment by the Owner(s) thereof of amounts expended by the Association to correct a condition prohibited or to cure an Owner's breach hereunder. Lot A portion of the Property which is a legally described tract or parcel of land within the Property o'r which is designated as a -Lot on any recorded subdivision plat relating to the Property. Master Declaration: This Instrument as ft may be amended from time to Ume. Master Plan: Ths overall master development plan prepared by the Grantor for the whole of the Property, as the same exists from Ume-to-Ume and which Illustrates the proposed total development contemplated by the Grantor and the nature and location of each of the uses intended to be allowed within the Property. Provided, that no use shall bs allowed within the Property unless the name Is in accordance with applicable zoning ordinances. Member: Any person(s) who is an Owner of a Lot within the Property. Mortaaae: Any mortgage or deed of trust or other hypothecation of land located 1n the Property to secure the performance of an obligation. Unless otherwise specifically provided, the reference to a "Mortgage" in this Master Declaration shall be I(mited to a "first Mortgage," (ncluding a "first Deed of Trust," on a Lot within the Property. Mortgagee: The holder of a Mortgage or the beneficiary under a Deed of Trust, lnclud(ng an assignee(s) thereof, which Mortgage or Deed of Trust encumbers a Lot with the Property owned by an Owner. Unless otherwise specifically provided, the reference to a "Mortgagee" in this Master Declarat(on shall be limited to a holder of a first Mortgage, including a benefidary under. a first Deed of Trust on a Lot. ' u ant Any person, association, corporation or other entity who or which is an Owner, or has leased, rented, been licensed, or Is otherwise ~-legally entitled to oxupy and use any Building or Improvement on a Lot whether 'or not such right la' exercised, including their heirs, personal representatives, suxeasors and assigns. Owner: A person or persons or other legal entity or entitles, induding the Grantor, holding fee simple title to a Lot within the Property, Including contract sellers, but excluding those having such Interest merely as security " for the performance of an obligation, but including any Mortgagee (of any priority) or other security holder provided said Mortgagee or other security holder le in actual possession of a Lot as a result of foreclosure or otherwise, and any person taking title through such Mortgagee or other security holder by purchase at foreclosure sale or otherwise. Plat A final subdivision plat covering any portion of the Property, as recorded in the office of the County Recorder, Ada County, Idaho, as the same may bs amended by duly recorded amendments thereto. Pro The whole of the Property described in Article i, above, and any additional land annexed thereto under pursuant to Article XII, below. Regular Assessment An assessment levied by the Association to provide funds to pay the ordinary estimated expenses of the Aasoclation. lal Assessment An assessment levied by the Association other than a Regular or Umited Assessment MASTER DECLARATION - 2 .i~.. Sub-AssociaUo~: An Idaho non-profit corporation or unincorporated Association organized by the Grantor or ~by any Owner(s) pursuant to a Supplemental Declaration recorded by the Grantor for any specific tract or parcel within Ashford Greens Subdivision. Unless specifically provided to the contrary, or the context requires otherwise, a reference to "Association' shall include "Sub-Association' '' Sub-Assoblatfon Board: The duly elected and qualified Board of Directors of a Sub-Association. Unless I specifically provided to the contrary, or the context requires otherwise, reference to "Board" shall Include "Sub-Assodation Board." Supplemental Declaration: The additional or different conditions, covenants, conditions, restrictions and easements relating to a particular tract or -parcel of real property within Ashford Greens Subdivision promulgated by the Grantor and recorded In the official records of Ada County, Idaho. Unless specifically provided to the contrary, or `unless the context otherwise requires, a reference to "Master Declaration" shall Include 'Supplemental Declaration ARTICLE N. P RPO E ~'. , [ =1 ~. The Property is hereby made subject to -the covenants and restrictions contained in this Master Declaration, all of which shall be deemed to be Imposed upon and run with the land and each and every Lot and parcel thereof, and shall apply to each and every Owner and Occupant thereof and their respective successors In Interest, to Insure proper design, development, improvement, use and maintenance of the Property for the purpose of: (a) Insuring Owners and Occupants of Buildings of quality of design, development, improvement, use and maintenance as shall protect and ,enhance the Investment and use of all Lots and Improvements. (b) Tha prevention of the erection within the Property of Improvements of improper design or construction,. with improper. or unsuitable materials or with Improper quality and method of construction. (c) Encouraging and insuring the erection of quality and attractive Improvements appropriately located within the Property to assure visual quality and harmonious appearance and function. (d) Securing and maintaining proper set-backs from streets and open areas within the Property and. adequate tree spaces between Improvements. (e) The Inlegratlon of development of the different l..ots by setting common general standards consistent with the ACC Rules/ACC Standards existing from time to time. (f) Insuring attractive landscaping and the consenratlon of existing natural features with minimum adverse Impact on the ecosystem. - As used hereafter, "Project Objectives" shall mean the foregoing specified purposes. ARTICLE V. PERMITTED USES AND PERFORMANCE STANDARDS SECTION 5.01. se. Unless as otherwise designated on the Master Plan for the Property, or unless otherwise. specified in a Supplemental Declaration covering a particular Lot(s) or parcel(s), Lots shall be used only for residential purposes and such uses as are customarily incidental thereto and Common Area. As used herein and elsewhere in this Master Declaration, "residential" shall mean the use of the Improvements.on aLot for living accommodations by not more than two (2) unrelated persons, excluding guests of the principal occupant(s), which guests may reside therein on a temporary basis. Notwithstanding the provisions of §67- 6530 et. seq., Idaho de, as used in this Master Declaration, 'residential" is not intended, nor shall the same be construed, to include the use of Lot for the operation of a shelter home for persons unrelated to each other or unrelated to the Owner or Occupant. SECTION 5.02. Bulldinps. Except as otherwise designated on the Master Plan for the Property, or unless. otherwise speGfied for a particular Lot, tract or parcel in a Supplemental Declaration, no Lot shall be Improved except with one (1) dwelling unit. Each dwelling unit shall have an attached or detached fully enclosed garage adequate for a minimum of two (2} and a maximum of four (4) standard size automobiles. No carports shall be allowed. The minimum square footage of living area within a dwelling unit located on a Lot shall as provided in the ACC Rules/ACC Standards. The square footage of living area shall be based on the finished interior living space at or above the grade of the Lot, exclusive of basement, porches, patios and garage. SECTION 5.03. Approval of Use and Plans. No Improvements shall be built, constructed, erected, placed or materially altered within the Property unless and until the plans, specifications and site plan therefor have been reviewed In advance and approved.. by the ACC in acx:ordance with the provisions of Article XI, below. SECTION 5.04. Prohibited Buildinas/Uses. No trailer or other vehicle, tent, shack, garage, accessory building or out building shall be used as a temporary or permanent residence. No noxious or offensive activities shall be conducted on any Lot nor shall anything be done thereon which may be or become an unreasonable annoyance or nuisance to the Occupant(s) of the other Lots within the Properly by reason of unsightliness or the excessive emission of fumes, odors, glare, vibration, gases, radiation, duet, liquid waste, smoke or noise. No split-entry Buildings or Buildings having more than two (2) stories shall be allowed. SECTION 5.05. t-Backs. No building or other structure (exclusive of fences and similar structures approved by the ACC) shall be located on a Lot nearer to a Lot line than is permitted by the ordinances of the City of Meridian and/or Ada County, Idaho, applicable to the Property; provided, however, the ACC shall have the right to stagger the front setbacks of the Lots in order to create a more pleasing appearance and to minimize the negative visual appearance of a uniform building line. SECTION 5.06. Antennae. No exterior radio antennae, television antennae or other antennae, inctuding a satellite dish, shall be erected or maintained on a Lot without the prior approval in writing by the ACC. SECTION 5.07. Easements. There is hereby reserved for the use and benefit of the Grantor and granted for the' use and benefit of each Lot, and for the use and benefit of each Owner and Occupant, and for the use and benefit of the Association, and their successors and assigns, for the purposes incident to such use, development and maintenance of the Property, the following easements: rj r (a 1 rr MASTER DECLARATION - 3 I' Ea: r (a) For the Installation and maintenance of public utility facilities of all kinds, 'including radio and television and Vansmisslon cables, the easements so designated on the recorded Plat(s) for any portion of the Property. (b) For the purpose of permitting the Grantor or the Association, their contractors and agents, to enter onto those portions of Lots contiguous to any Common Area to maintain, replace and restore landscaping and other .Improvements within the Common Area. " (c) Reciprocal appurtenant easements of encroachment, not to exceed one toot (1'), as between each Lot and such portion(s) of the Common Area adjacent thereto, or between adjacent Lots, due to the unintentional placement or settling or shifting of the improvements constructed thereon, which easements of encroachment shall be valid ` so long as they exist and the rights and obligations of Owners shall not be altered in any way by said encroachments, settling or shitting; provided, however, that In no event shall a valid easement for encroachment oxur due to the w111fui act or acts of an Owner. (d) Any additional easements, if any, as shown and designated on a recorded Plat(s) for any portion of the Property. j i The easement areas (excluding any equipment or appurtenances owned by the Grantor, the Association or a utility company located thereon) herein reserved shalt be maintained by the Owner of the Lot upon which they are situated. No Improvements shall be placed or permitted to remain on such easement areas located within any Lot which shall interfere with the intended use or purpose of such easement(s), and no other activity shall be undertaken on any Lot which may interfere with the use and access Intended to be provided by such easement or the installation or maintenance of the utilities or other facilities, it any, located thereon or therein. SEC710N 5.08. Ll~htlna. N required by the ACC, each Owner shall install, and maintain in a operative condition such exterior lighting as shall be provided in the ACC Rules/ACC Standards. SECTION 5.09. oo s. The type, pitch and roof covering material(s) which shall be required on Buildings within the Property shall be as set forth in the ACC Rules/ACC Standards. No gravel roots shall be permitted. SECTION 5.10. Animals. No animals, livestock, birds, insects or poultry of any kind shall be raised, bred, or kept on any Lot, except that not more than two (2)' domesticated dogs and/or cats, or other small household pets which do not unreasonably bother or constitute a nuisance to others may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Dogs and other similar pets shall be on a leash when not confined to an Owner's Lot. SECTION 5.11. ~eptlc Tanks/Cesspools. No septic tanks and/or cesspools shall be allowed within the Property. SECTION 5.12.i~,rading and Drainage. Lot grading shall be kept to a minimum and Buildings are to be located for preservation of the existing grade(s) and any grade(s), berms or swales should be an integral part of the grading design. Subject to the requirements of any governmental entity having jurisdiction thereof, water may drain or flow into adjacent streets but shall not be allowed to drain or flow upon, across or under adjoining Lots or Common Area, unless an express written easement for such purpose. exists. The Owner of a Lot which drains upon, across or under an adjoining Lot(s) or Common Area shall be liable for any damage caused thereby and shall promptly take alt action and make all modifications necessary to correct such non-permitted drainage. SECTION 5.13. Commerctai Use Prohibited. tJnlesa otherwise shown on the Master Plan for the Property and specifically permitted in a Supplemental Declaration, no Lot shall be used at any time for commercial or business activity, provided, however, that the Grantor or persona authorized by the Grantor may use a Lot(s) for development and sales activities relating to the Property, model homes or real estate sales. The rental by an Owner of a Lot and the improvements thereon for residential purposes shall not be a use in violation of this Section. The use of a lot for a shelter home, as the same is defined in 467.6530 et. seq., Idaho de, whether or not operated for profit, shall, for the purposes of this Master Declaration,.. be a commercial or business use. SECTION 5.14. Maintenance. The following provisions shall govern the maintenance of Lots and all Improvements thereon: (a) Each Owner of a Lot shall maintain ail Improvements located thereon in good and sufficient repair and shall keep the Improvements thereon painted or stained, lawns cut, shrubbery trimmed, windows glazed, rubbish and debris removed, weeds cut and otherwise maintain the same in a neat and aesthetically pleasing condition. (b) Each Owner of a Lot shall maintain the landscaping planted and installed by the Owner in the five foot (5') landscape strip located between the street curb and the sidewalk adjacent to the Owner's Lot, as required by Section 5.25 of this Declaration, said landscaping to be maintained in a condition comparable to the condition of the landscaping on the Owner's Lot. 3 (c) All damage to any Improvements shall be repaired as promptly as is reasonably possible. (d) A Building which is vacant for any reason shall be kept locked and the windows glazed in order to prevent entrance by vandals. Vacant Buildings and unimproved Lots shall not be exempt from the provisions of this Master Declaration. (e) All structures, facilities, equipment, objects and conditions determined by the ACC, in its sole discretion, to be offensive, shall be enclosed within `an approved structure or appropriately screened from public view. All trash, debris, garbage and refuse shalt be kept ai all limes in a covered container and all such contatnera shall be kept on a Lot within an enclosed structure or screened from public view. (f) No articles, goods, machinery, materials or similar items shall be stored, kept or maintained on a Lot in the required set-back area along a public or private right-of-way or otherwise kept in the open or exposed to public view. (g) Any event or condition on a Lot which, in the sole discretion of the ACC, creates an unsightly or blighting Influence, shall be corrected, removed or obstructed from public view, as thecase, may be, by the Owner of the Lot, notwithstanding the fact that such event or condition may not be specifically described and/or prohibited in this Master Declaration. MASTER DECLARATION - 4 l , ~i r ~ ,. r (h) In the event that any Owner shall permit any Improvement; -including any landscaping, which is the responsibility of such Owner to maintain, to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition, the Board, upon fifteen (15) days prior written notice to the Owner of such Lot, shall have the right to correct such condition, and to enter upon said Lot and into. any building or structure thereon, if necessary, for the purpose of correcting or repairing the same, and such I Owner shall promptly reimburse the Association for the cost thereof. The Owner of the offending Lot i shall be personally liable, and such Owner's Lot may be subject to a mechanic's lien for all costs ands expenses incurred by the Association in taking such corrective action, plus all costs Incurred to collecting:, r 4 the amounts due. Each Owner shalt pay all amounts due for such work within ten (10) days after. receipt of written demand therefor, or the amounts may, at the option. of the Board; be levied as a Limited Assessment against said Lot and shall be enforceable in the same manner as set forth in Article IX of this Master Declaration. SECTION 5.15. Mining and Drilling. No Lot shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing water, steam, oil, gas or other hydrocarbons, minerals, rocks, stones, gravel or earth; provided that the Grantor or the Association may, by permit, grant, license or easement, allow the drilling for and the extraction of water for use on the Lot. SECTION 5.16. Boats. Camaers and Other Vehicles. Trailers, mobile homes, trucks larger than standard pickups, boats, tractors,. campers, garden or maintenance equipment and vehicles other than automobiles, when not in actual use, shall be kept at all times in an enclosed structure or screened from public view and at no time shall any of said vehicles or equipment be parked or stored on a public or private right-of-way within the Property. No operative vehicle shalt be parked or stored for a period in excess of seventy-two (72) consecutive hours on any portion of a Lot between the front of a Building and the abutting public right-0f-way. No inoperative vehicle shall be parked or stored at any time on s Lot unless wholly within an enclosed structure. A minimum of two (2) off-street parking spaces for automobiles shall be provided on each Lot. The primary purpose of the garage required on each Lot is for the parking and storage of automobiles and other vehicles (hereafter "automobiles"). No other use of a garage which prohibits or limits the use of a garage for the parking or storage of the number of automobiles for which it is designed shall be permitted. The Owner shalt provide sufficient garage space or other enclosed parking approved by the ACC for all automobiles used by the Occupants of a Lot, which automobiles shall be kept within the garage; and the parking thereof in the driveway on the Lot or In a public right-of-way within the Subdivision, other than for temporary purposes (as determined by the ACCj, is prohibited. SECTION 5.17. Garaae Doors. Garage doors shall be closed except when open for a temporary purpose. SECTION 5.18. Exterior Materials and Colors. All exterior materials and colors shall be selected and used which are approved by the ACC and which are compatible with other Buildings on the Lot and on neighboring Lots to the end that all such Buildings will present a unified and coordinated appearance. All exterior finishes and/or colors shall be approved by the ACC and shall be In acxordance with the ACC Rules/ACC Standards. SECTION 5.19. Vehicles. The use of all vehicles, including but not limited to automobiles, trucks, bicycles and motorcycles, shall be subject to ACC Rules/ACC Standards, which may prohibit or limit the use thereof within the Property, provide parking regulations and other rules regulating the same. SECTION 5.20. Exterior Energv Devices. No energy production device including, but not limited to, generators of any kind and solar energy devices, shall be constructed or maintained on any Lot without the prior written approval of the ACC, except for heat pumps or similar appliances shown on the plans approved by the ACC. SECTION 5.21. Mailboxes. No free-standing mailbox shaft be constructed or installed on any Lot without the prior written approval of the plans therefor by the ACC. SECTION 5.22. Ins. No commercial billboard or advertising shall be displayed to the public view on or from any Lot. Owners may advertise a dwelling unit and Lot for rent or for sale by displaying a single, neat, reasonably sized vacancy sign or `For .Sale" sign thereon. Signs advertising the name of the builder and the name of the institution providing financing therefor may be displayed on a lA! during construction of the Improvements. Ughted, moving or flashing signs for any purposes are prohibited. Directional signs may be used to give directions to traffic or pedestrians or give spec(al Instructions. Any directional or Identification sign within the Property shall be permitted, provided the same is approved by the ACC prior to Installation. Notwithstanding the foregoing, the ACC shall have the right to adopt ACC Rules/ACC Standards with respect to signs allowed within Ashford Greens Subdivision, which ACC Rules/ACC Standards, if adopted, shall regulate signs within Ashford Greens Subdivision and shall control over the speGfio provisions of this Section. SECTION 5.23. Subdividing. No Lot may be further subdivided, nor may any easement or other Interest therein less than the whole be conveyed by the Owner thereof without the prior written consent of the ACC; provided, however, that nothing herein shall be deemed to prevent an Owner from transferring or selling any Lot to more than one person to be held by them as tenants In common, Joint tenants, tenants by the entirety, or as community property, or require the approval of the ACC therefor. In addition, the conveyance of an insignificant portion(s) of a Lot to the Owner of the Lot which abuts said conveyed portion for the ..purpose of correcting a common boundary or other similar purpose, shall not be deemed to be a subdividing of a Lot within the prohibition contained. herein. SECTION 5.24. Fences. No fence or wall of any kind shall be constructed on a Lot unless the plans and specifications therefor, including the location, design, material and color thereof, have been approved in writing by the' ACC prior to the construction or installation. The type, design, material and finish of aft privacy fences shall be as specified in the ACC Rules/ACC Standards, it being the intent of the Grantor that all such privacy fencing shall present, to the extent reasonably practicable, a uniform appearance throughout the Property. All fences and/or walls constructed on a Lot shall be in compliance with the ordinances of the Gty of Meridian and/or Ada County, Idaho, applicable to the Property. in addition to the requirements of the ACC Fiules/ACC Standards applicable to fences, fencing, all fences and walls shall be subject to the following restrictions: (a) No fence or wall shall be permitted to tie constructed or Installed on the Common Area or any portion of a berm constructed by the Grantor within the Property; provided, that if the Grantor constructs or instafis a fence in a Common Area or on a berm, the ACC may allow fences on the adjacent Lot(s) to be attached thereto so long as such attachment does not (i) Impede the maintenance, repair or replacement of the Common Area or berm, (il) alter the visual theme established by the fence constructed or Installed by the Grantor, and (iii) does not project above the top of the fence constructed or installed by the Grantor. (b) Fences and walls shall not extend closer to any street than twenty feet (20') nor project beyond the setback of the principal Building on the Lot. No fence higher than six feet (6') shall be allowed without MASTER DECLARATION - 5 e~ the prior approval of the City of Meridian and/or Ada County, Idaho, applicable to the Property (if required) and the ACC. (c) All fences and watls shall be constructed and `installed and maintained M good appearance and ' condition at the expense of the Owner of 'the Lot ort which they are located and aIL damaged fencing _ ` a and walls shall be repaired or replaced to original design, materials and rotor whhtn a reasonable time [ after said damage occurs. r k r t (d) No fence or wall shall Interfere with the use and enjoyment of any easement reserved in this Master " Declaration or shown on the recorded Plat(s) of the Property. (e) No fence, wall, hedge, high planting, obstruction or barrier shall be allowed which would unreasonably Interfere with the use and enjoyment of neighboring Lots and streets, and shall not be allowed if the same constitute an undesirable, noxious or nuisance eNect upon neighboring Lots. SECTION 5.25. Landscaplntt. The following provisions shall govern the landscaping of Lots within the Property: (a) The Owner shall prepare a landscape plan and shall submit the same to the ACC as provided in Article Xi, below. The ACC shall approve said landscape plan prior to the Installation and/or construction of landscaping on a Lot. The use of berms and sculptures planting areas is encouraged. Landscaping of a Lot shall be in axordance with the approved plan. (b) F~ch Owner shall be required to landscape the five toot (5') landscape strip located between the street curb and the sidewalk adjacent to the Owner's Lot, which landscaping shall be included in the landscape plan to be submitted to arid approved by the ACC. Notwithstanding the foregoing, the ACC shall have the right, if deemed necessary by the ACC to assure uniformity in and/or compatibility of the landscaping within said five foot (5') landscape strip within the Property, to adopt ACC Rules/ACC Standards which shall specify the nature, type, extent and design of the landscaping therein, and, if so adopted, the ACC Rules/ACC Standards shalt be binding upon the Owners. (c) All required tandscaping on a Lot shall be installed within sixty (60) days after 'substantial completion of the Building on the Lot, with a reasonable extension allowed for weather. (d) The ACC Rules/ACC Standards shall set torth the initial minimum landscaping required on each Lot. SECTION 5.28. !rr(gatlon Water. Each Owner, by the acceptance of a deed to a Lot within the Property, acknowledges that the Grantor has no obligation to deliver irrigation water to the individual Lots within the Property. Provided, that if the Grantor constructs or installs any facilities for the delivery of irrigation water .to the individual Lots, the maintenance, repair and replacement of such faciNties shall be the responsibility of the Association, with the cost therefor to be Included within the Regular Assessments described in Section 8.02, below: SECTION 5.27. Adoation of ACC Rules/ACC Standards. The Grantor, or in the event of the Grantor's failure to do so, the ACC, shall have the power to promulgate ACC Rules/ACC Standards relating to the planning, construction, alteration, modification, removal or destruction of Improvements within the Property deemed necessary or desirable by the Grantor, or the ACC, as the case may be, to carry out the purposes of this Master Declaration. All ACC Rules/ACC Standards shall be consistent with the provisions of this Master Declaration. SECTION 5.29. ExemuUon of Grantor. Nothing herein contained shall limit the right of the Grantor to subdivide or re-subdivide any Lot or portion of the Property or to grant licenses, reservations, rights-of-way or easements with respect to the Common Area to utility companies, public agencies or others; or to complete excavation, grading and Development to or on any Lot or other portion of the Property owned or controlled by the Grantor,' or to alter the foregoing and its Development plans and designs, or construct additional improvements as the Grantor deems advisable in the course of Development of the Property. This Master Declaration shall not 11mit the right of the Grantor at any time prior to acquisition of title to a Lot by an Owner to establish on that Lot additional licenses, restrictions, reservations, rights-of-way and easements to itself, to utility companies and to others, as may from time to time be reasonably necessary. The Grantor need not seek or obtain ACC approval of any Improvements constructed or placed within the Property by the Grantor in connection with the Development of the Property, but this exemption shall not apply to a Building(s) constructed by the Grantor on a Lot owned by the Grantor. The Grantor shall be entitled to the non-exclusive use, without charge, of any Common Area within the Property in connection with the marketing of the Lots therein. In addition, .the Grantor shall have the right, in connection with the marketing of the Lots, to Install, place, display and exhibit such signs, banners and other similar Items on the Common Areas on and the Lot(s) owned by the Grantor for such a period of time as is reasonably deemed by the Grantor to be necessary. ARTICLE Vi. ASHFORD GREENS OWNERS ASSOCIATION. INC. SECTION 6.01. Q~,anlzation of Association. Ashford Greens Owners Association, Inc. shall be organized by the Grantor as an Idaho non-profit corporation and shall be charged with the duties and vested with the powers prescribed by law and set forth in Its Articles of Incorporation, its 8y-Laws and this Master Declaration. Neither said Articles nor said By-Laws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Master Declaration. SECTION 6.02. Sub-Assoclatlon(s). Until completion of the Development, the Grantor shall have the sole and absolute right to create one or more Sub-Associations for purposes not Inconsistent with this Master Declaration including, but not limited to, the following which shall be provided for in a Supplemental Declaration: (a) Acquire and improve any Lot, tract, parcel or portion of Ashford Greens Subdivision (b) Promulgate rules and regulations governing Common Area owned by or under the control of the Sub-Assodation. (c) Determine the services, In addition to those furnished by the Association, which are to be furnished to or for the benefit of the Members of the Sub-Association. (d) Assess and cerfity to the Association for collection the Regular, Special and Umited Assessments required to meet the estimated cash needs of the Sub-Association. The Articles of Incorporation, By-Laws, rules, regulations and the Supplemental Declaration relating to aSub-Association shall not be inconsistent with the terms and provisions of this Master Declaration and any inconsistency shall be governed by this Master MASTER DECLARATION - 6 it Declaration. Unless earlier consented to in writing by the Grantor, after completion of Development of .Ashford Greens Subdivision, Sub-Associations may be formed by any Owner or group of Owners with the approval of the .Board and by satisfying ail necessary legal requirements including, but not timfted to, the preparation, <execut(on and recording of a Supplemental Declaration: }s ~ I Except as provided to the .contrary in this Master Declaration or unless specifically provided to the contrary iri =the ,r Supplemental Declaration relating to aSub-Association, the provisions of this Article shall be applicable to and shall regulate ;'each .. 4 ~~ Sub-Association. r a a SECTION 6.03. Relatlonshlp Between Association and Sub-Assoclatlons. k (s the purpose and intent of the provisions of this Master Declaration that the Association shall be charged wish and responsible for the management of all activities in Ashford Greens Subdivision including, In addition to all other duties and responsibilities set forth herein, the following: (a) The approval of aN .rules and regulatons of each Sub-Association and providing of assistance to a Sub-Association In the enforcement thereof; and (b) The levy and collection of Assessments of each Sub-Association which have been certified by the Sub-Association Board to the Association. Nothing herein contained shall restrict or prohibit aSub-Association from owning, in Its own name, Common Area or other property related thereto, the use of which shall be restricted to Members of that Sub-Aasoclation. However, It is the intent of this Master Declaration that any such Common Area owned by aSub-Association, the use and maintenance thereof and the activities of the Sub-Association, shall be consistent with and in furtherance of the Project Objectives and the terms and provisions of this Master Declaration to assure that the whole of Ashford Greens Subdivision is developed and approved as a quality residential community. SECTION 6.04. Members. Each Owner (including the Grantor) of a Lot by virtue of being such an Owner and for so long as such ownership Is maintained shall be a Member of the Association and no Owner shall have more than one membership in the Association, but shall have such voting rights as hereafter set forth. A membership In the Association shall not be assignable, except to the successor-iMnterast of the Owner and a membership in the Association shah be appurtenant to and inseparable from the Lot owned by such Owner. A membership in the Association shall not be transferred, pledged or alienated in any way except upon the transfer of tltle to said Lot and then only to the transferee of title to said Lot. Any attempt to make a prohibited transfer of a membership shall be void and shall not be reflected on the books of the Association. SECTION 6.OS. VoUna. The Association (and each Sub-Association) shall have two (2) classes of voting membership: CLASS A. Gass A Members shall be all Owners of Lots within the Property, with the exception of the Grantor, and shall be entitled to one (t) vote for each Lot owned, CLASS B. Gass B Members shall be the Grantor, and its successor(s) in title to a Lot(sj, which t.:ots(s) is held by such successor In an unimproved condition (i.a., without a residential dwelling thereon) for resale to a builder or other person for the purpose of constructing thereon a residential dwelling, and to which successor the Grantor has specifically granted such Class B voting rights in writing; provided, that if such voting rights are not so granted, such sua:essor shall be entitled to the voting rights of a Gass A Member with respect to each Lot owned. Upon the first sale of a Lot to an Owner, the Grantor shall thereupon be entitled to three (3) votes for each Lot owned by the Grantor. The Gass B membership shall cease and be converted to Class A membership when (i) the total votes outstanding In the Gass A membership exceeds the total votes outstanding in the Class B membership, or (il) January 1, 2009, whichever shall first occur. SECTION 6.06. Board of Directors and Officers. The affairs of the Association shall be conducted by a Board of Directors and such officers as the Directors may elect or appoint, in aocordance with the Articles and By-LHWa, as the same may be amended from Uma to time. SECTION 8.07. Powers of Association. The Association shall have all powers of anon-profit corporation organized under the laws of the State of Idaho subject only to such limitations as are expressly set forth in the Articles, the By-Laws or this Master Declaration. k shall have the power to do any and all lawful things which may be authorized, required or permitted to be done under the Arlides, By-Laws or this Master Declaration, and to do and perform any and ail acts which may be necessary or proper for, or incident to, the proper management and operatlon of the Common A-ea "and the performance of the duties of the Association and other responsibilitles set forth in this Master Declaration, including, but not limited to, the following: (a) Assessments. The power to determine the amount of and to levy Regular, Special and Limited Assessments on the Owners and/or LAts and to enforce payment thereof in accordance with the provisions of this Master Declaration. (b) Right of Enforcement. The power and authority from time to time in its own name, on its own behalf, or on behalf of any Owner(s) who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of the Articles, By-Laws, Master Declaration or ACC Rules/ACC Standards, and to enforce by mandatory injunction or otherwise, all provisions thereof. (c) Delegation of Powers, The authority to delegate Its power and duties to committees, officers, employees, or to any person, firm or corporation to act as manager, and to pay to such manager such compensation ae shall be reasonable. {dj LJabllity of Board Members and Officers. Neither any member of the Board nor any officers of the Association shall be personally liable to any Owner, or to any other party, for any damage, loss or pre)udioe suffered or claimed on acx;ount of any act or omission of the Association, the Board, its officer, a manager or any other representative or employee of the Association, or the ACC, provided that said Board Member, officer, manager or other person has, upon the basis of such Information as was available, acted to good faith without willful or intentional misconduct: (e) Aasociatlon Rules. The power to adopt, amend, and repeal such rules and regulations as the Association deems reasonable. Such rules shall govern the use by Owners and Occupants or any other person of Common Area -and other property owned or controlled by the Association; provided, However, Assoclatlon rules shall no! discriminate among Owners and shall not be Inconsistent with the Articles, By-Laws or this Master Declaration. A copy of Association rules as they may from time to time be adopted, amended or repealed, shall be mailed or otherwise delivered to each Owner and Occupant. Upon such mailings said Association rules shall have the same force and effect as if they were set forth in and were part of this Master Declaration. In the event of any conflict between an Association rule or any provision of the Articles, By-Laws or this Master Declaration,, the conflicting provisions of the Association rules shall be deemed superseded to the extent of any such inconsistency. MASTER DECLARATION - 7 (f) Emergencv Powers. The Association, or any person authorised by the Association, may enter onto any Lot or Into any Building or other structure on a Lot in the event of any emergency involving illness or potential danger to Nfe or property or when necessary in connection with any maintenance or construction for which it is responsible. Such entry shall be made with as little inconvenience to .the k ' Occupants as practicable and any damage caused thereby shall be repaired by the ,Association unless i , ; r said entry was necessitated by a condition caused by the Owner or Occupant. z (g) Licenses. Eaaemants and Risthts~t-Wav. The power to grant and convey to any third party such 4, r licenses, easements, rights-of-way or fee title in, on, through, under or of the Common Area as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment thereof and for the preservation of health, safety, convenience and welfare of the Owners, for the purpose of constructing, erecting, operating or maintaining: (i) Underground Tines, cables, wires, conduits and other devices for the transmission of any utility or other service. I (il) Public sewers, storm drains, water drains and pipes, water systems, sprinkling { systems, .water, heating and gas lines or pipes. . (iii) Any similar public or quasi-public improvements or facilities. (h) Fiscal Ysar. The Board shall have the right to elect a fiscal year for the Association instead of a 'calendar year for budget, Assessment and accounting purposes. r SECTION 6.08. Dutles of Associatlon. In addition to the powers delegated to it by the Articles, By-Laws and this Master t~claratfon, without limiting the generality thereof, the Association or its authorized agents, if any, shall have the obligation to conduct all business affairs of common Interest to all Owners and to perform each of the following duties: (a) Oaeratlon and Maintenance of Common Area. Perform, or provide for the performance of, the operation, maintenance and management of the Common Area and landscape easement areas, if any, owned or controlled by the Association, including the repair and replacement of property or Improvements thereon damaged or destroyed by casualty loss, the maintenance, repair and replacement of any facilities, if any, Installed by the Grantor and/or an irrigation district for the delivery of irrigation water to the Lots, and the maintenance, management, repair or replacement all other property owned or controlled by the Association. {b) Taxes and Assessments. Pay alt real and personal property taxes and assessments levied against the Common Area owned or controlled by the Association or against the Association and/or any property owned by the Association. Such taxes and assessments may be contorted or compromised by the AssodaUon; provided, however, that they are paid or a bond insuring payment is posted prior to the sate or the disposition of any property to satiety the payment of such taxes. In addition, the Association shall pay alt other taxes, federal, state or local, including Income or corporate taxes, levied against the Association In the event that the Assodation is denied the status of a tax exempt corporation. (c) lilies. Acquire, provide and/or pay for water, sewer, refuse collection, electrical, telephone, gas and other necessary services for the Common Area owned or controlled by the Association. (d) aura Obtain, from reputable Insurance companies authorized to do business in the State of Idaho and maintain In effect the following poiicles of insurance: Q) Flre insurance, Including those risks embraced by coverage of the type now known as the broad form "All Risk" or special extended coverage endorsement on a blanket agreement amount heals for the full insurable replacement value of all Improvements, equipment, fixtures and other properly located within the Common Area owned or controlled by the Association, including such equipment, fixtures and other property not located in the Common Area, ff the same are used or necessary for the use of the Common Area or easement areas under the control of the Association. (li) Comprehensive public liability Insurance Insuring the Association, the Board, officers, the Grantor' and the individual Owners and agents and employees of each of the foregoing against any liability inddent to the ownership and/or use of the Common Area owned by the Association or easement areas under the control of the Association. The limits of liability of such coverage shalt be as determined by the Board of Dtrectora. Qti) H elected by the Board, 'full coverage directors and officers liability Insurance in an amount determined by the Board. (iv) Such other Insurance, Including workmen's compensation insurance to the extent necessary to comply with all applicable laws and Indemnity, faithful performance, fidelity and other bonds as the Board.: shall deem necessary or required to carry out the Association's functions or to insure the Association against any loss from malfeasance or dishonesty of any person charged with the management or possession of any Association funds or other property. (v) The Association shall be deemed a Uustee of the interests of al! Owners !n any Insurance proceeds paid to it under such policies, and shall have full power to receive their interests in such proceeds and to deal therewith. (vl) Insurance premiums for the above Insurance coverage shall be deemed a common expense to be Included In the Regular Assessments levied by the Association. (vii) Notwlthstand(ng any other provision herein to the contrary, the Association shall conttnuousty maintain In effect such casualty, Ilablltty and other (nsurance and a fidelity bond meeting the Insurance and fidelity bond requirements for PUD pro)ects established by Federal National Mortgage Aseoctatlon ("FNMA"), the Government National Mortgage Association ("GNMA") and the Federal Home Loan Mortgage Corporation ("FHLMC), so long as any of which Is a Mortgagee or Owner of a Lot within the Property, except to the extent such r MASTER DECLARATION - 8 , r 3, . L coverage la not available or has been waived in writing by FNMA, ~ GNMA or FHLMC, as applicable. (e) Adminfstration Fees -Costs. Pay to the Grantor, so long as the Grantor manages the Association, all actual out-of-pocket costs paid or incurred by the Grantor In the management and administration of F r the aflalrs of the Assodatlon plus an administrative -tee equal to six percent (6.096) of the total income ~ received by the Assodation, which administrative fee shall be compensation to the Grantor for the b ~~ services provided to the Association. (f) Identiflcatlori Slane. Maintain, repair and replace all permanent entry and specter identification signs for the Property, whether the same be located within or without the boundaries of the Property. (g) Rule Maklna. Make, establish, promulgate, amend and repeal Association rules. (h) ArchRectural Control Committee. Appoint and remove members of the Architectural Control Committee, all subject to the provisions of this Master Declaration. (i) Enforcement of .Restrictions and Rules. Perform such other acts, whether or not expressly authorized by this Master Declaration, as may be reasonably necessary to enforce any of the provisions of this Master Declaration and the Association rules. SECTION 8.09. Budaets and Financial Statements. Financial statements for the Association shall be regularly prepared and copies distributed to each Member as follows: (a) A pro forma operating statement {budget). for each fiscal year shall be distributed not less than thirty (30) days after the beginning of each fiscal year. (b) Within ninety (90) days after the close of each fiscal year, the Association, or its agent, shall cause to be prepared and delivered to each Owner, a balance sheet as of the last day of the Association's fiscal year and an annual operating statement reflecting the Income and expenditures of the Association for mat flscai year. . ARncLE ,vn. ASSOCIATION PROPERTIES SECTION 7.01. se. Each Owner of a Loi, his family, licensees, invitees, lessees and contract. purchasers who reside on the Lot, shall bs enUtied to use the Association properties and the properties of any Sub-Association of which the Owner Is a Member, subject to the following: (a) Articles. Etc. The provisions of Ute Articles and By-Laws of the Association and any Sub-Association applicable to .the Lot, this Master Declaration and applicable Supplemental Declaration and the rules, reputations and standards promulgated thereunder. Each Owner, in using the Association or = Sub-AssoclaUon properties, shall comply with the same. (b) Susuension of F;ilghts. The right of the Association or Sub-Association to suspend the rights to use properties owned by it (except roads and other means of access by an Owner) for any period during which any Assessment against that Owner's Lot remains unpaid; and for any Infraction or published rules and regulations of the Association or Sub-Association. (c) Dedlcatlons. The right of the Association or Sub-Association to dedicate or transfer all or any part of properties owned by it to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed by the Board, so long as said transfer does not diminish the security of the Mortgagees on, any Lot or Common Area to Ashford Greens Subdivision. (d) Mortaage or Conveyance of Common Area. Except as provided in subsection (c), above, no portion of the Common•Area shall be mortgaged or conveyed by the Association without the prior approval of at least two-thirds (2/3rds) of the Gass A Members, which approval may be obtained in writing or by a vote of the Gass A Members at a meeting called for such purpose and, with respect to such meeting, the provisions concerning notice and quorum In Section 8.11, below, shall apply. SECTION 7.02. Damaaes. An Owner shall be Ilabie for any damages to the Common Area .which may be sustained by reason°of the negligence, reckless or intentional misconduct of said Owner or of his family, licensees, invitees, lessees or contract purchasers, both minor and adult. In the case of joint ownership of a Lot, the liability of such Owners shall be joint and several. Ths cost of correcting such damage shall be as a Umited Assessment against that Owner's Lot and may be collected as provided in Article U(, below. SECTION T.03. Dameae and Destruction. In the case of damage by fire or other casualty to property owned by the Association or any Sub-Association, insurance proceeds to compensate for damage -and destruction shall be paid to the Association or the Sub-Association, as the case may be, and the recipient thereof shall thereafter determine what repair or reconstruction shaft be undertaken. SECTION "7.04. Condemnation. Hat any time any part of a Common Area or other property owned by the Association or any Sub•Assoctation be taken or condemned by any public entity or sold or otherwise disposed of in lieu thereof, all compensation, damages or other proceeds shall be paid to the Association or the Sub-Association, whichever entity owns said property. The recipient of said payment shall then use all or a portion of the funds to pay obligations secured by any lien on the property taken and thereafter may determine to use the funds to (i) improve other properties of the Association or Sub-Association; ni) acquire and/or improve additional properties for the Association or Sub-Association; or (iii) use such proceeds to reduce future assessments. ARTICLE VIII. ASSESSMENTS SECTION 8.01. Covenant to PaX Assessments. Each Owner hereby, and by acceptance of a deed to a Lot, covenants and agrees to pay when due all Regular, Special and Umited Assessments or charges made by the Association' or aSub-Association of which the Owner is a Member. MASTER DECLARATION - 9 Ali such Assessments, together with interest, costs and reasonable attorneys' fees which may be incurred in collecting the same, shall be a charge on the land and shall be a continuing Nen upon the Lot against which each such Assessment is made, and shall be also the personal obligation of the Owner of such Lot at the Ume when the Assessment become due and payable. The personal obligation for delinquent Assessments shall not pass to an Owner's surx;easors in title unless expressly assumed by I them. No Owner may waive or otherwise avoid liability for any Assessment by non-use of the Common Area or by abandonment of his Lot. t f SECTION 8.02. Regular Assessments. Regular Assessments shall be made by the Association in such amounts and at times and intervals deemed appropriate by the Board. The Regular Assessments shall be based upon advance estimates of cash requirements as determined by the Board for the maintenance and operation of the Common Area and all easement areas, if any, owned or controlled by the Association and for the performance by the Association of its other duties and responsibilities. Such estimates may include, but shall not be limited to, expenses of management, taxes and special assessments of local governmental i units, premiums for alt insurance which the Association is required or permitted to maintain hereunder, landscaping and care of grounds, lighting, water charges, trash collection, sewerage charges, repair and maintenance, legal and accounting fees, and any deficit remaining from previous periods and the creation of a reserve, surplus and/or sinking fund(s). The initial annual Regular Assessment shall be the amount of $180.00 per Lot, unfit changed by the Board. SECTION 8.03. Special Assessments. in addition to Regular Assessments, the Association may levy at any time a l Special Assessment payable over such period as the Board may deem appropriate for the following purposes: (a) To defray, in whole or in part, the cost of any construction or reconstruction of Improvements on a r Common Area, unexpected repair or replacement of a Common Area or any facility located thereon or an easement area controlled by the Association, the furnishing of a special seNice or seNicea (other than those appropriate for a Umited Assessment), or for any other expenses incurred or to be incurred as provided In this Master Declaration. (b) To cure a def(clt In the common and ordinary expenses of the Association for which Regular Assessments for a given calendar or Hscal year are or will be inadequate to pay, as determined by the Board. At the closing of the sale of each Lot by the Grantor, a special assessment of $150.00 shall be collected from the purchaser of the Lot as payment for the set-up costs and the maintenance of the Common Area `and landscape easements to be maintained by the Assodation. SECTION 8.04. t,lmked .Assessments. In addition to Regular .and Specal Assessments, Owners shall pay Umited Assessments as follows: (a) Maintenance end Repair. The Association .shalt have the power to incur expenses for maintenance and repair of any Lot or any Improvements on a Lot, ii such maintenance and repair is necessary, in the e o iniort of the Board to ' p protect the Common Area or any other portion of the Property, and if the Owner of said Lot has tailed or refused'to perform said maintenance or repair within a reasonable Ume after written notice of the necessity thereof has been delivered by the Board to said Owner. The Board shalt levy a Umited Assessment against the Owner of the Lot owned by said Owner to pay for the cost of such maintenance and repair,, and eny other cost or expense, including attorneys' fees, arising out of or .Incident to such maintenance and repair and the Assessment therefor. (b)' Correction of Violations. In addition to maintenance and repair. the Board, upon certification from the ACC of the failure or refusal of an Owner to correct a violation of this Master Declaration or the ACC Rules/ACC Standards, shall have the power to correct any such violation on a Lot or any Improvement on a Lot, and incur costs necessary In connection therewith. The cost of such corrective action, together with interest, related expenses and attorneys' fees shall be assessed and collected as set forth in Article VIII and Artlde IX of this Master Declaration. (c) Umited Purpose. The Association shall have the power to levy a Umited Assessment against Owners and Lots for any limited special purpose which the Board believes necessary with respect to certain Lots but not an appropriate expense for payment by the Association. Such Umited Assessment shall not be made until the Owners of said Lots sub)ect thereto have been given an opportunity, after notice, to participate U a hearing with respect to said Umited Assessment. SECTION 8.05. Sub-Association Assessments. 1Any Sub-Association of Ashford Greene Subdivision is hereby empowered to assess and cert(fy for levy and collection by the Association, Regular, Special and Umited Assessments on the Lots and Owners thereof who are Msmbe-s of the Sub-AssoGatlon. The certification for levy by aSub-Association and the coNection thereof by the Association shall be as iollowe: (a) The Sub-Assodation Board shall, following Its By-Laws, rules and regulations, meet and approve a Regular, Special or Umited Assessment. (b) A written certification signed by the President and Secretary of the Sub-Association that a Regular, Special or Umited Assessment has been approved by the Sub-Association Board shall be submitted to the Board. The certification shall contain the following: Q) a description of the type of Assessment to be levied and collected; (ii) the name and address of the Owner and the legal description of each Lot to be assessed; (Ili) the amount to be levied and collected from each Owner; and (iv) the term of said levy and the due dates for the payment thereof by the Owners affected. The due dates may be adjusted by the Board to conform the same to the due dates of the Assessments of the Association for the purpose of achieving efficiency and economy in preparing and mailing statements and notices and collection. (c) Upon compliance with the foregoing, the Board shall levy the Assessment so certified in accordance with the terms of tho certification in the same manner as levies for Assessments of the Association. Any levy made by the Association on behalf cf aSub-Association pursuant to a proper certification shall have the same force and effect as a levy made by the Association. (d) The Association, upon receipt of funds paid pursuant to a levy certified by aSub=Association, shall deposit such funds ae received in the separate account of the Sub-Association, as designated by the Sub-Association. MASTER DECLARATION - "10 F r.~C SECTION 8.06. Commencement of Regular Assessments. Regular Assessments of the Association against 'each Lot shall commence. the dais of the closing of the first sale of a Lot to an Owner. Provided, however, that any Lot owned by the Grantor shalt be assessed a Regular Assessment not exceeding ten percent (10%) of the amount assessed against Lots owned by other Owners. H the Grantor pays all or any portion of the expenses of the Association in excess of the amount assessed to ;Lots owned by the Grantor, such excess amounts so paid shall constitute either (i) a prepayment of Assessments (Regular and Special) to become due and payable on the Lots owned by the Grantor within the Property, or (lI) a loan by the Grantor to the Association, which loan, without Interest, shall be repaid by the Association to the Grantor from the funds of the Association which are available to make such repayment. Nothing herein contained shalt obligate the Grantor io pay any Assessment with respect to a ,Lot within a separately platted phase or subdivision within the Property in which the Grantor owns all of the Lots. SECTION 6.07. (,jnjform Rate of Assessment. Except as expressly provided to the contrary In this Master Declaration, Regular and Special Assessments of the Association shall be fixed at a uniform rate for all Lots. SECTION 8.08. Assessment Due Date. The due dates for Regular, Special and Umited Assessments shall be the first day of the first month of each calendar quarter, unless some other due date is established by the Board. Each InstaNment of an Assessment shall be delinquent if not paid within fifteen (15) days after the due date thereof. Nothing herein contained shall prohibit the Board from requiring that Spedal or Umited Assessments be paid in a lump sum instead of installments. SECTION 8.09. Interest and Penalties. Any Regular, Special or Umited Assessment levied by the Association on Lots, If not paid when due, shall bear Interest at an annual rate as shall be set by the Board from time to time, or if none is so set, at,an annual rate of twelve percent (12%). Such Interest shall commence on the date the Assessment becomes due and payable. In addition to the Interest charge the Board may, in accordance with rules and regulations promulgated by it, Impose additional fines or charges for the failure of an Owner to timely pay any Assessment when due. The right of the Board to charge Interest or Impose additional fines or charges shall be in addition to, and not in lieu of, any other right of enforcement or sanction available to the Board in the -event of non-payment of an Assessment. SECTION 8.10. Estoppel Certlficate. The Association, upon not less than twenty (20) days prior written request, shall execute,R acknowledge and deliver to the party making such request a statement in writing stating whether or not to the knowledge of the Association, a particular Owner is in default under the provisions of th(s Masser Declaration and further stating the dates to which Assessments have been pa(d by said Owner, it being Intended that any such certificate delivered pursuant to this Section may be rel(ed upon by any prospective purchaser or Mortgagee of said sot, but reUance on such csrtiftcate may not extend to any default as to which the signer shall have had no 'actual knowledge. The Aasociatlon shall have the right to charge a .reasonable fee for the certification herein provided. SECTION 8.11. Notice and Ouorum Requirements. Notwithstanding anything to the contrary contained in either the Articles or the- By-Laws of the Association, written notice of any meeting called for the purpose of levying a Special Assessment described In Section 8.03, above, or a Umited Assessment described in Section 8.04, above, shall be sent to each Owner whose Lot is subject to the levy of such Special or Umited Assessment not less than ten (t0) nor more than fifty (50) days In advance of the meeting. The presence of Owners or of proxies entitled to cast sixty percent (60%) of the total votes of each class of Members of the Association subject to the levy of such Special or Umited Assessment shalt constituie a quorum. H the required quorum is not present, the meeting may be rescheduled by the Board for a date not later .than sixty (60) days after the date of initial meeting and at the rescheduled meeting the presence of Owners or of proxies entitled to cast ten percent (10%) 'of the total votes of each class of Members shall constitute a quorum. No written notice of the rescheduled meeting shall be required. Notwithstanding the foregoing, in a case Involving. the levying of a Umtted Assessment on a Lot, as provided In Section 8.04, above, there shall be no requirement of a quorum at a meeting rescheduled because of a lack of the required quorum at the Initial meeting, and the Board may approve and levy such Umited Assessment even though the Owner of the Lot subject thereto ie not present to person or by proxy. ARTICUE IX. ENFORCEMENT OF ASSESSMENTS SECTION 9.01. Ridht to Enforce. The right to collect and enforce payment of -the Assessments made by the Assodation (including the Assessments made and certified by aSub-Association) is vested in the Association. Each Owner of a Lot hereby agrees to the enforcement of the payment of all Assessments in the manner herein provided. In the event an attorney is employed for the collection of an Assessment, whether by suit or oiherwise, or to enforce compliance with or specific performance of any of the terms and conditions of this Master Declaration, the Owner against whom such enforcement is sought shall pay reasonable attorneys' fees in connection therewith. SECTION 9.02 Creation of Assessment Uens. There is hereby created a continuing claim of I(en with power of sale on each and every Lot to secure payment of any and all Assessments levied against any and all lots within the Property pursuant to this Master Declaration, together with interest thereon and all coats of collection which may be paid or Incurred by the Association in connection therewith, including reasonable attorneys' fees. Safd lien shall be prior and superior to ail other liens or claims created subsequent to the recordation of this Master Declaration except only for: () valid tax and special assessment liens on Lots in favor of any governmental unit assessing authority; (ii) a lien for all sums unpaid and secured by a first Mortgage or first Deed of Trust, duly recorded in Ada County, ktaho, including all unpaid obligatory advances to be made pursuant thereto; and (iii) labor or materlalman's liens, if the same are prior and superior by reason of applicable law. All other lien holders acquiring liens on any Lot after recordation of this. Master Declaration shall be deemed to consent that such !lens shall be Interior liens to the Ifen for Assessments levied by the Association, whether or not such consent be specifically set forth In the Instruments creating such other liens. SECTION 9.43. Notice of Assessment. Han Owner falls to pay an Assessment within thirty (30) days of its due date, the Association shall prepare a written Notice of Assessment setting forth the type of Assessment, the amount of the Assessment, the due date thereof, including the amount and due date of installments (if the same are permitted), the amount remaining unpaid at the Ume of filing, the name o! the .record Owner of the lot and a legal description of the Lot. Such Notice shall be signed by the President and Secretary of-the Association, acknowledged by a Notary Public and recorded in the office of the Ada County Recorder. At such time as a delinquent Assessment which is described to the Notice is paid, the Association shall prepare and record a Notice of Satisfaction with respect thereto. SECTION 9.04. Enforcement. Upon the failure of an Owner to pay an Assessment in accordance with its terms, the lien for Assessment herein created may be enforced by sale by the Association, such sate to be conducted in the manner provided by law in Idaho for the exercise of the power of sale in Deeds of Trust or !n any other manner permitted by law elected by the Board. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, Including all reasonable attorneys' fees. Alf such costs and expenses shall be secured by the lien being foreclosed. The Owner shall also be required to pay to the Association any Assessments against the Lot which shall become due during the period of foreclosure. The Association shall have the right and power to bid at the foreclosure sale or other legal sale and to acquire and thereafter hold, Canvey, lease, rent, encumber, use and otherwise deal with and in said Lot as the Owner thereof. MASTER DECLARATION - 1 t t SECTION 9.05. Notice Required. Notwithstanding anything to the contrary contained in this Master Declaration, no " action may be brought to foreclose the Ifen for any Assessment, whether by power of sale or otherwise, until the expiration of thirty (30) days after written Notice of Default has been deposited in the United States mail, certified or registered mail; postage prepaid, return .; receipt requested, addressed to the Owner of the Lot described in such Notice at the last known address of the; Owner as , shown on the books and records of the Association. Said Notice shall. specify the amount and due date of the uripald Assessment(s) and the legal description of the Lot ~ ( l ~ SECTION 9.08. Reportlna. The Association shall provide a Mortgagee with a copy of a Notice , of Default' served on ~ ~ an Owner under Section 9.05, above. The duty to give such Notice shall arise only after said Mortgagee furnishes to the Association written notice of a Mortgage (or Deed of Trust) which shall contain the following: (a) The name and address of said Mortgagee; (b) A legal description of the Lot subject to the lien of the Mortgage by Lot, Block and Subdivision; (c) The name and address of the Owner; (dj Ths date the lien of the Mortgage was filed of record In Ada County, Idaho, and the instrument number thereof; (e) The maturity date of the obligation secured by said Mortgage Ilen; (8 A copy of a UUe insuranoe report evidendng that the Mortgagee is the holder of a first Mortgage or the beneficiary of a first Oeed of Trust; tg) The signature of the Mortgagee or authorised agent. In the event the Assodation shall be required to notify a Mortgagee as herein provided, the Association shall assess the Owner who is delinquent the sum of 525.00 as a reasonable charge for such notification and such charge shalt be a cost of collection secured by the Assessment lien described in Section 9.02, above. The charge for such notification shall be subject to change by the Board. SECTION 9.07. Term of Assessment Unless sooner satisfied and released or the enforcement thereof Initiated as provided In this Article, the Hen for any Assessment levied under this Master Declaration or any applicable Supplemental Declaration shall expire and be of no further force or effect after a period of five (5) years from the later of (i) the date of said Assessment, or plj the date the last installment thereof is due and payaf,~le. Provided that the expiration of the Hen as provided herein shall not release an Owner. from the personal obligation to pay any Assessment. SECTION 9.08. Non-Exclusive Remedv. The remedies set forth in this Article or elsewhere in this Master Declaration shall not be deemed to be an exduslve remedy and the Assocation may pursue all other remedies available at law or in equity. ARTICLE X. SUB-ASSOCIATIONS SECTION 10.01. ection. The Grantor shall have the right to create Sub-Associations as Idaho non-profit corporations. Each such Sub-AssodaUon shall have all power, rights, o611gaUons, responsibilities and .duties and be subject to all of the same limitations and restrictions as are spedfied in this Master Dedaration with respect to the Association, except for such differences, requirements or limitations as are expressly set out in this Master Dedaration and/or the applicable Supplemental Declaration and such changes as the Grantor may deem appropriate as a result of the different and specific Common Areas being owned, maintained and managed by such Sub-Associations, which changes shall be set forth In a Supplemental Declaration. SECTION 10.02 Voting. Each Sub-Association shall have the two (2) classes of voting membership and the voting rights shall He as specified for the Association in Section 6.05, above. SECTION 10.03. Powers and Duties. Each Sub-Association shall be managed by a Board of Directors and officers in the same manner as spedfled in Section 6.06, above, for the Association and steal! have the same powers andduties with respect to its Members and the Common Areas owned, managed or maintained by it, including any easement areas controlled Dy it, said powers and duties to include the tevytng of Assessments and oertiHcation thereof to the Association for collection, adopting rules and regulations, granting easements, licenses and rights-of-way, payment of expenses, taxes, assessments, utility charges, insurance premiums and the preparation and distribution of budgets and Unanc(al statements as are provided in Article tn, above. SECTION 10.04. tubers. The Members of each Sub-Association shall be the Owners of Lota in'the portion or phase of Ashford Greens Subdivision described In the Supplemental Declaration relating thereto. Memberships may only be transferred in the same manner as specified in Section 6.04, above. ARTICLE XI. ARCHITECTURAL CONTROL COMMITTEE SECTION 11.01. Members of the Committee. The Architectural Control Committee shall be comprised of at least three (3) persons, all of whom shall be appointed as herein provided. A member of the ACC shall hold office until he has resigned or .,has been removed, but in any event, until said Member's successor has been appointed. Members of the ACC may be removed at any Ume, with or without cause. a SECTION 11.02. Appdntment. So long as the Grantor owns any Lot or parcel within or adjacent to the Property, the Grantor shall have the sole right to appoint and remove ail members of the ACC. Thereafter, all members of the ACC shall be appointed or removed by the Board. The ACC shall have the right by a resolution in writing unanimously adopted, to designate one (1) of Its members to take any action or perform any duties for and on behalf of the ACC. In the absence of such designation, the vote of any two (2) members of the ACC shalt constitute an act of the ACC. SECTION 11.03: _ Compensation. The members of the ACC shall not receive any compensation for services rendered, but shall be reimbursed for actual expenses Incurred by them in the performance of their duties hereunder. Nothing herein shalt prohibit or restrict the ACC from contracting with a member of the ACC who is professlonelly qualified as an architect, engineer or designer for }the review of the plans and spedflcations described in Section 11.07, below. MASTER DECLARATION - 12 SECTION 11.04. Non-Uablllri. Neither the ACC, or any member thereof, or the Grantor or any partner, officer, employee, agent, successor or assign thereof, shall be liable to the Association, any C~nrner or any other person for any loss, damage or injury arising out of or connected w(th the performance by the ACC of its duties and responsibilities by xeason of a mistake in Judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve an application. Every person who submits an application to the ACC for approval of plans and specifications agrees, by 'submission of such an application, and every Owner or Oxupant of any Lot agrees, by acquiring tNle thereto or an Interest therein, not to bring any action or suit against the Association, the ACC, or any member thereof, or the Grantor or any officer, partner,employee, agent, successor or assign thereof to recover such damages. i ~ SECTION 11.05. ~iaroval Required. No construction, alteration, modification, removal or destruction of any Improvements of any nature whatsoever, whether real or persona! in nature, shall be Initiated or ba permitted to continue or ex(st within the Property without the prior express written approval of the ACC. SECTION 11.06. Variances. The ACC may authorize variances from compliance with the requirements of any conditions and restrictions- contained in this Master Declaration, the ACC Rules/ACC Standards, or any prior approval when, in the sole discretion of the ACC, circumstances such as topography, natural obstructions, aesthetics or environmental considerations or hardship may so require. Such variances must be evidenced in a writing signed by at least two (2) members of the ACC. N a variance is granted as provided herein, no violation of this Master Declaration, ACC Rules/ACC Standards or prior approval 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 Master Declaration or the ACC Rules/ACC Standards for any purpose except as to the particular subject matter of the variance thereof and the specific Lot covered thereby. The ACC shall have the right to consider and grant a variance as herein provided etfher with or without notice to other Owners or a heating of Owners thereon. The granting of a variance by the ACC pursuant to this Section shall not relieve the Owner from the obligation to fully comply with the ordinances of the City of Meridian and/or Ada County, Idaho, applicable to the Property. SECTION 11.07. AupllcaUon. To request ACC approval for the construction, alteration, modification, removal or demolNion of any Improvements within the Property, the Owner shall submit a written application in a form required by the ACC which must be signed by the Owner and contain all Information requested and be accompanied by all other material to be submitted as hereafter provided. All applications must contain, or have submitted therewith, the following material (collectively called "plans and speGfications") prepared in accordance with acceptable `architectural standards and submitted with the application form, if any, approved by the ACC: (a) Sfte Plan. A site plan showing the location of the Building(s) and all other structures and Improvements Including fences and walls on the Lot, Lot drainage and all set backs, curb cuts, driveways, parking areas and other pertinent information relating to the Improvements. (b) Building Pian. A building plan which shalt consist of preliminary or final blueprints, elevation drawings of the north, south, east and west sides, and detailed 'exterior specifications which shall indicate, by sample if required by the ACC, alt exterior colors, materials and finishes, including roof, to be used. (c) Lendscaae Plan. A landscape plan for portions of the Lot to be landscaped which shall show the location, type and size of trees, plants, ground cover, shrubs, berming and mounding, grading, drainage, sprinkler system, fences, freestanding exterior tights, driveways, parking areas and walkways. The ACC may, in Its discretion, require the Corner to furnish additional specifications, drawings, material samples or such other Information as the ACC, in its sole discretion reasonably exercised, shall deem necessary or convenient for the purpose of assisting the ACC in reviewing and processing the application. r SECTION 11.08. Completion Securiri Deposit. At the time of the submission of the application under Section 11.07, above, the Owner shall deposit with the ACC, as a completion security. deposit (hereafter "Completion Deposit"), the amount of $1,000.00, or such other amount as shall be determined by the ACC. The Completion Deposit shall,be held by the ACC as security for the timely completion by the Owner of the improvements on the Lot as approved by the ACC, Including, but not limited to the landscaping as provided in Section 5.25, above, and upon such timely completion shall be returned to the Owner without interest. tf the Owner sails to timely complete such improvements, the ACC shall have the right to deduct from such Completion Deposit the amount of any penalties, off-sets and costs as set forth in this Master Declaration or the ACC Rules/ACC Standards, Including any costs which may be paid or Incurred by the Association or a third party to complete such improvements. SECTION 11.09. Decision. In reviewing the application and the materials submitted therewith and in reaching a decision thereon, the ACC shall, use lis best efforts and judgment to assure that all Improvements shalt produce and contribute to an orderly and aesthetically complementary design and appearance and be of the quality required to maintain the Property as a quality residential development. Unless extended by mutual consent of the Owner and the ACC, the ACC shall render Its decision with respect to an application within forty-five (45) days after the receipt of a properly submitted application. The decision of the ACC can be in the form of an approval, a conditional approval or denial. The decision of the ACC shall be in writing, signed by a member of the ACC, dated, and a copy thereof mailed to the Owner at the address shown on the application. A conditional approval shall set forth with particularity the conditions upon which the application is approved and the Owner shaii be required to affix a copy of said conditions to the working drawings or blueprints which are to be kept on the job site during the entire course of the ,work to which said plans relate. A denial of an application shaii state with particularity the reasons for such denial. SECTION 11.10. Inspection and Complaints. The ACC is empowered to inspect all work in progress on any Lot at any time. ;Such Inspection shall be for the purpose of determining whether the Owner is proceeding to accordance with the approved application or is deviating therefrom or is violating this Master Declaration or the ACC Rules/ACC Standards or the approved plans and specifications. The ACC is empowered to ~ receive from other Owners ("Complainant") complaints in writing involving deviations from approved applications or violatlona of this Master Declaration or any applicable ACC Rules/ACC Standards. In the event the ACC receives such a complaint from a Complainant, it shall first determine the validity of such complaint by inspection or otherwise. MASTER DECLARATION - 13 Should the ACC determine that there has been a deviation or a violation, (t shall promptly Issue a notice in writing thereof to the Owner and to the Complainant, which notice shall specify the part(culara of the deviation or violation and shall demand that the Owner conform to either or both of the following directives: ~ '' J r (a) The Owner shat) Immediately cease the activity which constitutes a deviation or'violation. ` ~~ l . (b) The Owner shall adhere to the corrective measures set forth in the written notice. Should the ACC determine there has been no deviation or violation, it shall promptly Issue a notice of such determination to the- Owner and the Complainant. SECTION 11.11. Hea In An Owner submitting an application under Section 11.07, above, or served with a written notice of deviation or violation, or a Complainant shall have the right to request and be heard at a hearing held by the ACC for the purpose of presenting facts and information to the ACC. Such hearing must be requested by such party within ten (10) days from the date the written notice of the dec(ston of the ACC is mailed to the Owner (and Complainant) as evidenced by the records of the ACC. The hearing shall be held within ten (10) days following receipt by the ACC of the request for a hearing, unless the ACC shall extend said period of time because of the unavailability of ACC members. A hearing may be continued by the ACC for the purpose of further investigation or .to receive additional evidence. Upon completion of the hearing, the ACC shall issue a written opinion to the Involved parties within ten (10) business days thereafter which opinion shall set forth the findings of the ACC with respect to the matters at issue and shall affirm, modify or rescind Its previous decision as. contained in the original written .,,notice. H the ACC Incurs any costs or expenses In connection with the investigation, processing or hearing on a matter involving a deviation or violation, Including the costs of retaining a consultant(s) to advise .the ACC and legal fees, such costs shall be paid by the Complainant unless an Owner is found to be in violation, in which event such Owner shall pay ail such costs. The payment of such costs shall be enforceable as provided in Section 11.13, below. SECTION 11.12. MDea1. Either an Owner or a Complainant shall have the right to appeal to the Board a decision of the ACC on an application with respect to the conditions imposed thereon or a denial thereof, or a decision of the ACC adverse to the Owner or the Complainant reached following a hearing held pursuant to Section 11.11, above, provided, however, that neither an Owner nor a Complainant shall be entitled to such an appeal wNh respect to deviations or violations unless said Owner or Complainant has participated In the ACC hearing. A notice of appeal shall be In writing and shall be delivered by mail to the Secretary of the Board within ten (10j days from the date of the decision by the ACC. Said notice of appeal shall be dated and shall contain the name of the Owner and the Complainant, if any, and a copy of the written decision or determination of the ACC. The failure of an Owner or Complainant to appeal a decision of the ACC In the manner and within the time herein provided shall terminate all rights of said Owner or Complainant to appeal said decision and it shall be bind(ng and enforceable. The Board shall fix a date for the hearing of such an appeal which date shall be no later than ten (10) days from the date of receipt of a notice of appeal unless extended by the Board because of the unavailability of Board members. The Owner and Complainant, if any, shall be advised of the time and place of the hearing by a mailed written notice. Written notice of time and place for hearing shall also bs served by mail upon each member of the ACC. The Board may require the Owner or Complainant to provide additional Information to tactlitate the Board's decision and the failure of such party to comply promptly with such a request shall entitle the Board to deny the appeal, in which event the decision by the ACC shall be considered final and not subject to further appeal. At the hearing the Owner, Complainant, if any, and the ACC, together with their representatives and other witnesses, shall present their position to the Board. The order of presentation and the evidence to be admitted shall be solely within the discretion of the Board provided, however, that the Owner, the Complainant, If any, and the ACC shall have the opportunity to question and cross-examine witnesses presented by the other. The Owner, the Complainant, if any, and the ACC will have the opportunity to present final argument consistent with rules adopted by the Board for such hearing process. Any •party may be represented by an attorney at any hearing by the ACC or the Board. Upon receiving all • of the evidence, oral and documentary, and following the conclusion of the hearing, the Board shall retire to deliberate and shall reconvene at a time and place determined by the Board, at which lime the Board shall cast its official ballot and the decision shall be duly recorded to the minutes of the meeting. The Owner, the Complainant, if any, and the ACC members shall be given written notice of the decision which shall be deemed given when deposited in the United States mail, postage prepaid and properly addressed. H the Board incurs any costs or expenses in connection with the Investigation, processing or hearing on an appeal, includ(ng the costs of retaining a consultant(s) to advise the Board and legal fees, such costs shall be paid by the party(s) filing the appeal unless the decision by the Board constitutes a substantial reversal of the decision of the ACC, in which event such costs shall be paid by the Association. H the party filing the appeal Is obligated to pay such costs, payment of the same shall be enforceable as provided in Section 11.13, below. A decision of the Board of an appeal shall be final and shall not be subject to reconstderatton or further appeal. SECTION 11.13. Enforcement The ACC, upon approval by the Board, shall be authorized on behalf and in the name of the Association to commence such legal or equitable proceedings as are determined by it to be necessary or proper to correct or enjoin any activity or condition existing within the Property, the continuation of which violates the provisions of this Master Declaration, the ACC Mules/ACC Standards or the approved plans and specifications. The ACC shall not commence such legal or equitable proceedings until a written notice of the deviation or violation has been appropriately prepared and given to the Owner but thereafter the ACC shall have the sole discretion to commence such proceedings. The authority of the ACC as herein provided shall Include the power to retain legal counsel and expert witnesses, pay filing fees, deposition costs, witness fees and all other ordinary .and necessary expenses Incurred in commencing and carrying out said legal or equitable proceedings, all of which costa shall be paid by the Association. In the event the ACC and/or Association shall prevail in any such legal or equitable proceedings, all costs and expanses incurred in connection therewith Including, but not limited to, attorneys' fees shall be reimbursed to the Association by the Owner against whom said proceedings .are f(ted and upon the failure of said Owner to reimburse the Association within five (5) days after written demand therefor is mailed to the Owner, the Association shall- have the right to levy a LJmited Assessment against the Owner and the Lot owned by the Owner .which Assessment shall be squat to said costs and expenses Incurred plus any additional costa and expenses incurred In levying the Assessment. Said Umited Assessment shall be due and payable at such time or in such installments as may be determined by the Board, In Its sole discretion. The (allure of the Owner to pay said assessments, or any installment thereof when due, shall be enforceable in the manner provided in Article IX, above. MASTER DECLARATION - 14 SECTION 11.14. Additional Damages. to addition to the costs and expenses to be reimbursed by the Owner or the Complainant, all other costs, expenses and damages determined by the Board to be proximately caused by the deviation': or violation or the costs and expenses Incurred by the Association to correct the same shall be' assessed as a Umited Assessmentagainst 'the Owner and the Lot owned by said Owner, or the Complainant and the Lot owned by the Complainant, as the case .may be, ;which Umited Assessment shall be due and payable at such time or In such Installments as determined by the Board,)n its sole discrotion. The right of the Board to enforce said Umited Assessment shall be the same a provided in Article IX, above. a SECTION 11.15. Non-Exclusive Remedy, -The right of the Association to levy a Umited Assessment as described; in Sections 11.12 and f f.13, above, shall not be deemed to be an exclusive remedy of the Association and It may, in its sole discretion, without waiver of any other legal or equitable remedy, pursue enforcement of the lien of sa(d Umited Assessment(s), proceed to collect any amount due directly from the Owner and/or pursue any other remedies available at law or in equity. SECTION 11.16. Private Richts. The Association shall not have the right to mediate or litigate private disputes between Owners where there Is a legal or equitable remedy available to resolve said dispute when, In the sole discretion of the Board, the interests of the Association or a aubstanUal number of the Owners would not be benefitted thereby. ARTICLE XIi. ANNEXATION SECTION 12.01. Annexation. Additional property may be annexed to Ashford Greens Subdivision and brought within the provisions of this Master Declaration by the Grantor, at any time, without the approval of any Owner or the Association, rovided, that such annexation is first approved by the U.S. Department of Housing and Urban Development (`HUD"), (f such approval by HUD is required as a condition for FHA/VA financing. To annex additional property to Ashford Greens Subdivision, the Grantor shall record an amendment to this Master Declaration which shall specify the annexation of the additional property to Ashford Greens Subdivision and which may supplement this Master Declaration with addition or different covenants and restrictions applicable to the annexed property, as the Grantor may deem appropriate, and may delete or modify as to such annexed property such covenants as are contained herein which the Grantor deems not appropriate for the annexed property, so long as the additional, different, deleted or modified covenants or restrictions are not prohibited by the regulations and requirements of HUD for residential subdivisions of the nature and type as Ashford Greens Subdivision. Upon such annexation, the Owners of the Lots within the annexed property shall become members of the Association with all rights, privileges and obligations as all other members. The amendment of this Master Declaration as authorized by this Section, to annex additional property to Ashford Greens Subdivision, shall tie controlled by the provisions of this Section and shall be expressly excluded from the requirements of Section 14.02 of this Master Declaration. SECTION 12.02. Ds-Annexation. The Grantor shall have the right to delete all or a portion of the Property from the coverage of this Master Declaration and the jurisdiction of the Association, so long as the Grantor is the Owner of alt of the property to be de-annexed and, provkied further, that an appropriate amendment to this Master Declaration is recorded in the office ~of the Ada County Rsoordar. ARTICLE XIII: PROTECTION OF MORTGAGEES SECTION 13.01. Puroose. Notwithatandin8 any and all provisions of this Master Declaration to the contrary, to induce the Federal Home Loan Mortgage Corporation ("FHLMC"), the Government National Mortgage Association ("GNhAA"), the Federal National Mortgage Association ('FNMA"), the Federal Housing Administration ("FHA") and the Veterans Administration ("VA") to participate in the financing of the purchase of Lots within the Property, the provisions of this Article are added thereto. To the extent the following Sections of this Article conflict with any other provisions of this Master Declaration or the provisions of any Supplemental Declaration, this Article shall control. SECTION 13.02. Hastrictions on Amendments. No amendment of this Master Declaration shall operate to defeat or render invalid the rights of a Mortgagee or beneficiary under any first Mortgage or first Deed of Trust upon a Lot made in good faith and for value and recorded prior to the recordation of~such amendment, provided that after foreclosure of any such Mortgage or Dead of Trust such Lot ahall~ remain subject to this Master Declaration, as amended. ' SECTION 13.03. Mortcagee DoBned. For the purposes of this Article only, a `Mortgagee" shall refer only to FHLMC, GNMA, FNMA, FHA and VA, as described in Section 13.01, above. SECTION 13.04. Fficht to Notice. Each Mortgagee, upon filing a written request for notification with the Board in accordance with Section g.06, above, shall be given written notice by the- Association of any default by the Owner of the Lot encumbered by the Mortgage held by said Mortgagee (n the performance of such Owner's obligations under this Master Declaration and under any Supplemental Declaration applicable to the L,ot, the Articles or the By-Laws of the Association (hereafter collectively referred to as "Project Documents"), which default Is not cured within thirty (30) days after the Association has notice of such default. SECTION 13.OS. Exemation From Prior Aaaessments. Each Mortgagee which comes Into possession of a Lot by virtue of foreclosure or otherwise shall take title to such Lot free from any claims for unpaid Assessments and charges against the l.ot which accrue prior to the time such Mortgagee comes Into possession, except for claims for a share of such assessments or charges resulting from a reallocation thereof to all hots, Including the mortgaged L.ot. SECTION 13.06. Chances Reculring Unanimous Acproval. Without the prior unanimous approval of all Mortgagees of Lots within the Property, neither the Association nor the. Owners shall: (a) By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area which is owned, directly or indirectly, by the Association, provided, however, that the granting 'of easements for public utilities or for other public purposes consistent with the intended use of the Common Area by the Association shall not be deemed a transfer within the meaning of this Section. (b) Change the ratio of Assessments or method of determining the obligations, Assessments, dues or other charges which may be levied against any Owner or the method of allocating distributions of hazard insurance prooaeds or condemnation awards. SECTION 13.07. Restrictions on Other Changes. Without the prior written approval of at least seventy-five percent (i'5%) of the Mortgagees holding Mortgages on Lots within the Property, neither the Association nor the Owners shall: (a) BY act or omission change, waive or abandon any scheme of regulations or enforcement thereof, pertaining to the architectural design of the exterior appearance of Improvements on Lots within the MASTER DECLARATION - 15 T' ... 1- r Property, the exterior maintenance of said Improvements, or the maintenance and upkeep of landscaping within the Property. fi (b) Fail to maintain fire and extended coverage Insurance on insurable Improvements within the Common Area on a current°replacement cost basis in an amount not less than one hundred percent (10096) of the Insurable °value (based on current replacement cost); (c) Use hazard Insurance proceeds for losses occurring within the Common Area for any purpose other than the rapalr, replacement or reconstruction thereof. (d) Abandon or terminate the covenants, conditions, restrictions end easements of this Master Declarati ~n or any Supplemental Dedaration. (e) Make any material amendment to this Master Decaraton or any Supplemental Declaration or to the Amides or By-Laws of the Association or any Sub-Association. ' t ;~ Ir ~, ~t ~ I r SECTION 13.08. Right to Insaect Books. Etc. Mortgagees, upon written request, shall have the right to Vi(i) examine the books and records of the Association during normal business hours; (ii) require from the Association the submission of audited annual finandng reports and other financial data; Qii) receive written notice of all meetings of Owners; and (iv) designate in writing a representative to attend all such meetings. SECTION 13.09. NotiflcaUon of Damage. Upon the Board receiving notice° of any damage to the Common Area or any Lot wherein the cost of repair, replacement or reconstruction exceeds Ten Thousand Dollars ($10,000.00) or notice of any condemnation of eminent domain proceedings or other similar involuntary acquisition of any portion of the Property, the 18oard shall give to each Mortgagee which has tiled with the Board a written request for notice, prompt written notice of said damage or condemnation. ~ ~ I,. SECTION 13.10. Right to Pay Charges. Mortgagees may pay taxes or other charges which are In deisult and which may or have become a charge against any Common Area and may pay any overdue premiums on hazard insurance 'polides covering said Common Area and said Mortgagees making such payments shall be entitled to immediate reimbursement therefor from the AssodaUon, i f SECTION 13.11. Fldeliri Bond Required. The Board shall secure and caused to be maintained in force at all times a fidelity bond for any person or entity handling funds of the Assodation. " SECTION 13.12 Lessee's Obligations. Any agreement for the leasing or rental of a Lot, Including amonth-to-month rental agreement, shat! provide that the terms of such agreement shall be subject to the provisions of the Project Documents. A!I such agreements shall bs in writing and shall provide that any failure by the lessee to comply with the terms of the Project Documents shall bs a default under the leasing or rental agreement. SECTION 13.13. Uabllity for Taxes, All taxes levied and assessed on the Common Area must be assessable against those Common Area only and the Asaoctation and/or any Sub-Association shall be solely responsible for the payment thereof. SECTION 13.14. Waiver of Uabiliri and Subrogation. Any provision in this Master Declaration which requires Owners to indemnify the Assodation, ~a Sub-Association, the Board or the Sub-Association Board, or other Owners against acts of 'the indemnitor Is subject to the exception that ii the liability, damage or injury is covered by any type of Insurance and proceeds are actually paid to the Insured by reason thereof,-the indemnitor is relieved of liability to the extent of insurance proceeds so paid. . l SECTION 13.15. FNMA and GNMA Insurance Requirements. Notwithstanding any other provisions contained 1n this Master Declaration, the Association or aSub-Association shaft continuously maintain in effect such casualty, flood and 1(ability Insurance and a fidelity bond meeting the insurance and fidelity bond requirements-for planned unit development projects established by FNMA and GNMA, so long as either is a Mortgagee or Owner of a Lot within the Property, except to the extent such coverage is not available or has been waived in writing by FNMA or GNMA. " SECTION 13.18.. Additional Contracts. In addition to the foregoing provisions of this Article, the Board ma ~ enter into y such contracts and agreements on behalf of the Association as are required (n order to sat(sty the guidelines of FHLMC, FNMA, GNMA,FHA, VA or any similar entity, so as to allow for the purchase, guaranty or Insurance, as the case may be, by such entity of mortgages encumbering Lots within Improvements thereon. Each Owner hereby agrees that it will benefit the Association and each Owner, as a lass of"potential mortgage borrowers and potential sellers of theirs Lots, If such agencies approve the Property as a qualifying subdivision under applicable policies, rules and regulations as adopted from time-to-time. SECTION 13.17. Consent to Release of Information by Mortgagee. Mortgagees are hereby authorized to furnish Information to the Board ooncerning the status of any Mortgage encumbering a Lot and each Owner of a Lot encumbered by such a Mortgage hereby consent thereto. ~ SECTION 13.18. Restricted Aaolication. k is expressly provided that the terms, conditions and provisions ot~ this Article shall not be operative or in force and effect unless and until FHLMC, FNMA, GNMA, FHA or VA purchases, grantees or insures a Mortgage on a Lot within the Property and then only to the extent the same are required by said purchaser, guarantor or Insurer. In the event the standards and guidelines of FHLMC, FNMA, GNMA, FHA or VA do not require, as a condition of approval of the Property as a qualifying subdivision, the inclusion of one or more of-the provisions of this Article, said non-required provisions shall be of no further force or eNect. ~ ARTICLE XIV. - MISCELLANEOUS SECTION 14.01. Term. This Master Declaration and ail covenants, conditions, restrictions and easements contained herein shall run until December 31, 2030, unless amended as hereafter provided. After December 31, 2030, said covenants, jconditions, restrictions and easements shall be automaUcaliy extended for successive period of ten (10) years each, unless extinguished by a written instrument executed by the Owners of at least three-fourth (3/4) of the Lota covered by this Master Declaration``and such written insUument is recorded with the Ada County Recorder. E SECTION 14.02. Amendment. This Master Declaration may be amended as follows: 1. t (a) ev Grantor. Until title to a Lot within the Property is conveyed by the Grantor to an Owner, this Master Declaration may be amended or terminated- by the Grantor by recordation of a written instrument signed by the Grantor and acknowledged setting forth such amendment or termination. t MASTER DECLARATION - 1(3 r C l B 1 ., f {~ ~ t r M. ~ ~.~~ _ i _- (b) By Owners. Except where a greater percentage is requlred ~by an express provision in this Master ~ . Declaration, the provisions of this Master Declaration, other than this Section, may be amended by art instrument in writing, signed and acknowledged by the President and Secretary of the Association, ;~ ) certifying that such amendment has been approved by a vote or written consent of Owners, including the Grantor, owning at least two-thirds (2/3rds) of the Lots covered by this Master Declaration, and such amendment shall be effective upon Its recordation with the Ada County Recorder. Any amendment to this Section 14.02 shall require the vote or written consent of the Owners, including the Grantor, of two- thirds (2/3rds) of the Lots covered ,by this Master Declaration. ",~ " SECTION 14.03. Sewer' Covenants. The following covenants shall run with each Lot and any Common Area affected' thereby and shall be binding upon each Owner of a Lot and all oxupants of any Improvements constructed on a Lot: (a) No Lot may be used or occupied for any allowed use unless the same is connected to the public sewerage collection system constructed and Installed within the Property. ~ (b) All sewer hook-up fees charged by the municipality having jurisdiction and control over the Lot shall i be paid by the Owner at the time of construction of the Improvements thereon and the connection thereof to the public sewerage collection system, said sewer hook-up fees to be paid at such time and to such amount as shall be requlred by the ordtnances and regulations of the municipal entity having ~ jurisdiction thereof. (c) A monthly sewerage charge shall be paid to the municipal entity having Jurisdiction thereof, or its designee, after connection to the public sewerage collection system in accordance with the ordinances and regulations of said municipal entity. ~ (d) All sewer service lines connected to the sewerage collection system constructed and installed by the Grantor in the Property shall be constructed in accordance with all applicable codes and regulations and shall be Inspected as requlred by the governmental entity having jurisdiction thereof to assure a ~ minimum of infiltration from said service Une into the sewerage coNection system. (e) The Grantor shall provide access, satisfactory to the governmental entity having jurisdiction thereof, for i sewer cleaning equipment to all sanitary sewer manholes located outside of public right-of-way. ~ i (f) The Grantor and each Owner of a Lot hereby authorizes the governmental entity having jurisdiction thereof, or Its designee, to bring any action it deems necessary or required for the collection of any 1 lees or charges due said entity for sewer service connected or monthly sewer charges and/or to { otherwise enforce any of the obl(gations respecting the connection to the public sewerage collection system or use thereof as provided in this Section. I i (g) Unless the Property has bean previously annexed into the corporate limits of Meridian City, kiaho, the recordation of a Plat for Ashford Greens Subdivis(on by the Grantor shalt be deemed and construed as , a request by the Grantor for the annexation of the property covered by said Plat Into the corporate t j, limits of the City of Meridian, Idaho. Such request shall be binding on all subsequent Owners of the + 4 Lots within the Property covered by said recorded Plat. i t~ SECTION 14.04. Books and Records. All books, records and minutes of the Board and all other books and records' maintained by the Association shall be made available for Inspection and copying by any Owner or by his duty authorized r, representative, at any reasonable time and for a purpose reasonably related to his Interest as a member in .the Association, or at such other place and time as the Board shall prescribe. + SECTION 14.OS. Non-Waiver. The failure of the Grantor, the Board or any Owner in any one or more instances to insist upon the sUict performance of any of the covenants, conditions, restrictions, easements or other provisions of this Master Declaration or to exercise any right or option contained herein, or to serve any notice or to institute any action, shall not be construed as a waiver or relinquishment for the future of such covenant, condition, restriction, easement or other provision, but the same shall remain in full force and effect. SECTION 14.06. llcceptance. Each Owner of a lot, each purchaser of a Lot under a contract or agreement of sale and each holder of an option to purchase a Lot, by accepting a deed, contract of sale or agreement or option, accepts the same subject to all of the covenants, conditions, restrictions, easements and other provisions set forth in this Master Declaration and 'agrees to be, bound by the, same. { SECTION 14.07. ~ndemnificatton of Board Members. Each member of the Board and each member of the ACC shall be indemnified by the Owners against all expenses and liabilities, Including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which said member may be a party or in which said member may become involved, by reason of being or having been a member of the Board or the ACC, or any settlement thereof, whether or not said person is a member of the Board or ACC at the time such expenses or Ilabilities are Incurred, except in such cases wherein said person is adjudged guilty of willful misfeasance or malfeasance In the performance of his or her duties; provided that in the event o(a settlement, the indemnification shall apply only when the Board or the ACC approves such settlement and reimbursement as being in the best interest of the Association or Owners. This Section shall. extend to and apply also for -the indemnification of the Grantor during the initial period of operat(on of the Association or prior thereto during the period the Grantor is exercising the ,powers 'of the Association. i SECTION 14.08. Notices. Any notice permitted or requlred to be delivered as provided in this Master Declaration shall be in writing and shall be delivered either personally or by mail. H delivery is made by mail, it shall be deemed to have been delivered seventy-two (72) hours after the same has been deposited In the United States mall, postage prepaid, properly addressed'. SECTION 14.09. Interpretation. The provisions of this Master Declaration and any Supplemental Declaration shall be liberally construed.. to effectuate the Protect Objectives set forth in Article IV, above, and shall be construed and governed by the laws of the State of Idaho. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall include the masculine, feminine or neuter. All captions and titles used in this Declaration are intended solely for convenience of reference and shall not affect that which Is set forth in any of the provisions hereof. _ SECTION 14.10. Severability. Notwithstanding the provisions of the preceding Section, each of the provisions hereof shalt be deemed independent and severable and the invalidity or unenforceabiiity of any provision or portion thereof shall not affect the "validity or enforceability of any other provision. MASTER DECLARATION - 17 ,. 9 ,:, ~. . . ¢ b ~ IN WITNESS WHEREOF the Grantor has executed this Master Declaration as of the day and year first above written. BRIGHTON CORPORATION ~ a , ~~~~ t ey ~.I~~+~,~CG~i~ ~ DAVID W. TURNBULL. President STATE OF IDAHO ) k ~ ~ es: ~ , County of Ada ) On this ~ ~ day of April, 1997, before me, the undersigned, a Notary Public in and for said State, .personally appeared DAVID W, TURNBULL, known or identified to me to be the PRESIDENT of BRIGHTON CORPORATION, an klaho Corporation, the Corporation that executed the foregoing instrument or the person who executed the foregoing instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. a IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~. ,'''•,ftfffffflff... ~~ry blic for klaho , •~~~',~Q•~'C A M, ~,'~!~,.. Residing at ~'B4.t.ll; klaho f'V ~OT.~ ~O•w% My Commission Expires: 1 `~~ I aF~ O ~ ~~ # {SEAL~}-ew tr AU B L1G ~•` " '• O ~'. ••~~9r~ DA lU ~'~. •~~• ,~IIIIIIi11~~~' 4 MASTER DECLARATION - 18 7 4 1 1 ~ C 1 € , _a~ C ~ ~ ~'.