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Home My WebLink AboutHope, Lana AUP 06-021-i .~-~. Page 1 of 1 Kristy Vigil From: Kristy Vigil Sent: Thursday, October 18, 2007 2:22 PM To: 'Lana Hope' Subject: RE: Lana Hope Day Care Hi Lana, I will add your letter of withdrawal to your file and your permit to operate an in-home daycare will no longer be valid. Thank you, Kristy Vigil Assistant City Planner Meridian Planning Department 884-5533 From: Lana Hope [mailto:nltsnhope@acninc.net] Sent: Thursday, October 18, 2007 2:19 PM To: Kristy Vigil Subject: Lana Hope Day Care City of Meridian Planning and Zoning Kristi, I am e-mailing you to ask if you would please withdraw the permit given to me by the city of Meridian to run a day care from my home. The reason for this request is simply because I cannot get out of an ugly situation with my home owner's association any other way then to cancel my state day care license and, to get any written proof of that, I have to have you relinquish the city permit. I have already stopped running the day care from my home since July 20th, 2007, I cancelled my license today and need your a-mail to prove that it was done. Please respond promptly. I have to turn in the cancellation by Friday, October 19th, 2007. Thank you, Lana Hope (Hope Day Care) 2060 N. Sparkling Pl. Meridian, Id. 83646 10/18/2007 i ~"'~ rti r CITY OF 4~~%~~^~`.'~~ _ IG"yI ~ IDAHO Y a 'Sx ~~~ ~tR %rhe TREr1SURE V ru~Y 81NCE 1903 MAYOR ~ September 28, 200b Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 /fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 /fax 888-6854 Police 1401 E. Watertower Lane 888-6678 /fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 /fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax-884-1159 Lana Hope 2060 N. Sparkling Place Meridian, Idaho 83642 RE: Accessory Use Permit application (AUP-06.021). Dear Ms. Hope: This letter is to confirm the approval to operate a family day care facility for six or fewer children located at 2060 N. Sparkling Place and to include the following on-going conditions of approval: 1. The applicant is limited to six children at the facility at one time, excluding the applicant's own children. 2. The applicant shall maintain the approved on-site vehicle pickup, parking and .turnaround areas. The applicant shall also maintain the approved design of the outdoor play areas. 3. The applicant shall provide a copy of the approved Basic Day Care License issued by the State of Idaho Department of Health & Welfare-Family and Children's Services Division to the Planning Department. If the applicant fails to maintain such license, this approval shall be null and void. 4. Hours of operation shall be between 6:00 a.m. to 11:00 p.m. Outdoor play areas shall not be used after dusk. 5. In no way shall the family day care cause the premises to differ from its residential character in appearance, lighting, signs, or in the emission of noise, fumes, odor, vibrations, or electrical interference: CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper i Failure to meet the above stated conditions shall be deemed a violation of the Unified Development Code. The applicant, Director, or a party of record may appeal this decision or a condition of approval by requesting City Council review of this decision. All requests shall be filed in writing with the Planning Department within fifteen (15) days of the date of this letter and comply with the provisions of UDC 11- SA-6B. Sincerely, ~~ ~~ Kristy Vigil for Anna Borchers Canning Planning Director CITY OF MER1LiAN PLANNING DEPARTMENT ACC~,SSORY USE STAFF REPORT DATE: September 28, 2006 TO: Anna Canning, Planning Director FROM: Kristy Vigil, Assistant City Planner SUBJECT: Application for a family day care facility by Lana Hope. . - z, ~"t7Y C5F ~~ - 't u7.~,rid ,• ~• Request to Operate a Family Day Care Facility for Six or Fewer Children out of her home located at 2060 N. Sparkling Place. We have reviewed this submittal and offer the following comments: APPLICATION SUMMARY The applicant, Lana Hope, has requested approval to operate a family day care facility for 6 or fewer children out of her home located at 2060 N. Sparkling Place, Meridian, Idaho. The property is zoned R-4, which allows for a family day care facility with written approval from the Planning Director. LOCATION The property is located at 2060 N. Sparkling Place in the SE '/4 of T. 3N., R. 1 W., Section 2. APPLICABLE CODE Section 11-4-3.9 of the Unified Development Code (UDC) for the City of Meridian lists specific criteria for day care facilities that serve children: 1. In determining the type of day care facility, the total number of children cared for during the day and not the number of children at the facility at one time, is the determining factor. The operator's children are excluded from the number. 2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge and pickup of clients. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. 4. The applicant or owner shall secure and maintain a Basic Day Care License from the State of Idaho Department of Health and Welfare-Family and Children's Services Division. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between 6:00 a.m. to 11:00 p.m. This standard may be modified through approval of a Conditional Use Permit. All outdoor play areas shall be completely enclosed by minimum six-foot (6') non-scalable fence to secure against exit/entry by small children and to screen abutting properties. The AUP-06-021 Lana Hope PAGE 1 .~ CITY OF MERIliIAN PLANNING DEPARTMENT ACChSSORY USE STAFF REPORT fencing material shall meet the swimming pool fence requirements of the Building Code in accord with Title 10 of the Meridian City Municipal Code. 7. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 8. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. STAFF RECOMMENDATION Staff recommends approval of the accessory use for Lana Hope with the comments noted above and following on-going conditions of approval: 1. The applicant is limited to six children at the facility at one time, excluding the applicant's own children. 2. The applicant shall maintain the approved on-site vehicle pickup, parking and turnaround areas. The applicant shall also maintain the approved design of the outdoor play areas. 3. The applicant shall provide a copy of the approved Basic Day Care License issued by the State of Idaho Department of Health &Welfare-Family and Children's Services Division to the Planning Department. If the applicant fails to maintain such license, this approval shall be null and void. 4. Hours of operation shall be between 6:00 a.m. to 11:00 p.m. Outdoor play areas shall not be used after dusk. 5. In no way shall the family day care cause the premises to differ from its residential character in appearance, lighting, signs, or in the emission of noise, fumes, odor, vibrations, or electrical interference. AUP-06-021 Lana Hope PAGE 2 Planning Director City of Meridian c/o Kristy Vigil, Assistant City Planner 660 E. Watertower Lane Suite 202 Meridian, Idaho 83642 Dear Ms. Vigil: September 4, 2006 -. ~ y T~, f ; I~~ I ~j~ E~° ~ 7 ~~ :+r tia Please accept this letter as our official comments, against the approval, of a request by Lana Hope for a Day Care Facility at 2060 N. Sparkling Place, Meridian, Idaho. The support for our objection to such a business at this location is associated to Idaho Unified Development Code, Specific Use Standards, 11-4-3.9: Day Care Facility A-2, B-1 and B-Z. (A-2): Onsite vehicle parking is extremely limited, almost non-existent, at this Meridian Single Family residence! This limited parking situation has subsequently resulted in numerous instances where access to and from our LISPS mailbox has been blocked making it impossible for the letter carrier to access the box by vehicle. The mail carrier has verbally, and in writing, requested that we please not continue to block vehicular access to these residential mailboxes. All mailbox blockages, to date, have involved vehicles belonging to, or associated with, 2060 N. Sparkling Pl., Meridian, Idaho. Vehicle parking, discharge and pickup of children, out into the street and directly in front of our home has been occurring for several weeks now. (B-1): The outdoor play area in the rear yard of this residence is not enclosed by a fence equal to or greater than 6 feet high. (B-2): Outdoor play equipment over 6 feet high currently exists in the rear yard of this residence. We would like to request documentation, in writing, indicating your decision regarding the license for Lana Hope's business operation at this Meridian, Idaho location. Sincerely, ~~ ~ ~~~~ t ~G~ d1~ ~ ait/`~ Terry Davis Sandra Davis f MAYOR I Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph w. Borton August 25, 2006 Charles M. Rountree Shaun Wardle _ RE: Application for thegopera~t;ion of a Family Day Care for six or fewer I.ITY DEPARTMENTS _ _ I _ cnlldren ioCa#ed at 20o0i N. Spar -ding Place. - City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 /fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 ~_+ si ;~ CITY OF ~~ t~~' ~YIG~1G>E"YI ~ ~`~~~ IDAHO Y tip. ~``fF R ~u' T12E.lSl.RE Vw~t 1903 TO Whom It May COIICern: This letter is to inform you that Lana Hope requested approval #o operate a Family Day Care for six or fewer children out of her home at 2060 N. Sparkling Place, Meridian, Idaho. You are invited to submit comments, either for or against this request. All comments must be filed with the Planning Director within 15 days after the date of this letter and should be addressed to Planning Director, City of Meridian, c/O Kristy Vigil, Assistant City Planner, 660 E. Watertower Ln., Ste. 202, Meridian, Idaho. Sincerely, r ~(~. I~nsty Vigil for J Anna Borchers Canning, AICP Planning Director _ . CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4215 FINANCE & UTILITY BILLING -FAX 887-4513 MAYOR'S OFFICE -FAX 884-87 ] 9 Printed on recycled paper Lana Hope Day Care Provider N J 75 150 300 450 600 Feet i a ~~ t M CITY OF ~~I~ # ~~ 'i, ~Y1G~1~YI ~~ IDAHO tip. n M~Fk ~~" TRE~\SL'RE V NAY SINCE I isoa MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 /fax 884-1159 August 25, 2006 ~. ~, ~ ~~~~g~ RE: Application for the operation of a Family Day Care for six or fewer children located at 2060 N. Sparkling Place. To Whom it May Concern: This letter is to inform you that Lana Hope requested approval to operate a Family Day Care for six or fewer children out of her home at 2060 N. Sparkling Place, Meridian, Idaho. You are invited to submit comments, efther for or against this request. All comments must be filed with the Planning Director within 15 days after the date of this letter and should be addressed to Planning Director, City of Meridian, c% Kristy Vigil, Assistant City Planner, 660 E. Watertower Ln., Ste. 202, Meridian, Idaho. Sincerely, Krlsty Vlgll for Anna Borchers Canning, AICP Planning Director ~ ~ ~~ ~ti ~~„ b b"~f~ ~ N~ ~~ ~~~ w ~~ ~ ~. ~~~ ~O ~ry~'~. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTTLITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper Crystal Spy mgs Homeowners Association Board of Directors September 5, 2006 Planning Director City of Meridian c/o Kristy Vigil, Assistant City Planner 660 E. Watertower Lane Suite 202 Meridian, Idaho 83642 Dear Ms. Vigil: ~~t'~ ~~,.~ ~~ ~ ;~~~~r t 1' _ . _ ~'~ On behalf of the Board of Directors for the Crystal Springs Homeowners Association, I am writing this letter to document our opposition to the application submitted by Lana Hope -residence 2060 N. Sparkling Place, Meridian, Idaho -for the operation of a Family Day Care to be operated in her residence. The Crystal Springs Homeowners Association's Covenants, Conditions and Restrictions (CC&Rs) specifically disallow "the conduct of any trade or business or professional activity" on any Lot in this subdivision. Please see enclosure, page three, Article II, Section 2.1 of our current CC&Rs. I have marked and highlighted the section for your review. To date, there have been no other instances on record of any homeowners applying for permission to operate day care centers in this subdivision. The Board is opposed to such a precedent being set in our Homeowners Association. Furthermore, the location of the 2060 N. Sparkling Place residence is located in a cul-de- sac, where parking is limited, offering no accommodation for the drop-off and pick-up of children without blocking other residents' mailboxes, possibly impeding mail delivery. In the past, both the postal carrier as well as residents in the cul-de-sac have had issues with mailboxes being blocked by vehicles. A day care center operation will make parking for other nearby homeowners even more problematic than it is currently. In sum, the Crystal Springs Board of Directors strongly opposes the City of Meridian's Planning Department's consideration of granting permission for Ms. Hope to operate a day center in her residence. Respectfully, Jeanne Gatlin, President Crystal Springs Homeowners Association ~~ i'~ '. )~~ Crystal Springs Homeowners Association - 3313 W. Cherry Lane #315 - Meridian, ID 83642 DECLARATION ~ ~~~? 2r~~ ~ ~ OP ~ ~ ~~Li ~ C./~ ~'~ COVFSNANT$ . CONDITIONS ACID 1tE$TR~CTIONB, .r F ' ~ ~~ 4 ~ ..-,~~~'r~- F~ RECORa~F g suBDI{~$ION 'r~'°•= '9I SEP ].9 Pal 2 03 TH S DECLARATION is made effective on the - ~~ day of 1991. by MAX A. 80ESIGER, INC.. and Idaho corporation hereinafter referred to as "Declarant. " J..~a~~~~~.~~ WHEREAS, Declarant is the owner of cerhain real property in the County of Ada, State of Idaho. hereinafter referred to as the "Property,"more particularly described as follows, ONE Subdivision, Phase 1, a portion of the 5W 1/4 of the SE 1/4 of Section 2, Township 3 N., Range 1 W, of the Hoise Meridian, City of Meridian, Ada County, Idaho according to the offici~al plat thereof recorded as Instrument No. ~'/~$' c~10, records of Ada County. NOW, THEREFORE. Grantor hereby declares that the Property and each Lot, parcel or portion thereof, is and/or snail be held. sold. conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following terms. covenants, conditions, reservations, easements and restrictions, all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance. subdivision, improvement and sale of the Property, and to enhance the value, desirability and attractfveneas of the Property. The terms. covenants, conditions, reservations, easements and restrictions set forth herein shall run with the land constituting the Property and with each estate therein and shall be binding upon all persons having or acquiring any right, title or interest in the Property or any Lot, parcel or portion thereofa shall inure to the benefit of every Lot. parcel ar portion of the Property and interest therein. and shall inure to the benefit of and he binding upon Grantor, its successors in interest and each Grantee ar Owner and his respective successors in interest. and may be enforced by Grantor. by any Owner or his successors in interest. 1Votwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improvements thereon, nor Grantor's right to maintain model homes, construction, sales or leasing offices or s~.milar facilities on any portion of the Property. nor Grantor's right to post signs incidental to construction, sales or leasing. ONE SUB~~IVISION AEc:LARATION - 1 r~ Aa'rI ~ ~, ~ 133ft~~ 133 DBFxN ~ o 1.1 "Articles" shall mean the Articles of Incorporation of the Association. 1.2 "Assessments" shall mean those payments required of Owners and Association Members including Regular, Special and Limited Assessments of the Association as further de€ined in this declaration. 1.3 "Association" shall mean and refer to BOZO Homeowners' Association, Inc., an Idaho non-profit corporation, its successors and assigns. 1.4 "Association Rules" shall mean these rules and regulations promulgated by the Association governing conduct upon the use of the Property under the jurisdiction or control of the Association. the imposition of fines and forfeitures for violation of Association Rules and Regulations, and procedural matters for use in the conduct of business of the Association. 1.5 "Beneficiary" shall mean a mortgagee under a mortgage or beneficiary under a deed of trust, as the case may be, and/or the assignees of such mortgagee, beneficiary or holder. which mortgage ox deed of thrust encumbers parcels of real property on the Property. 1.6 "Broad" shall mean the 9oard of Directors or other governing board or individual, if applicable, of the Association. 1.7 "Building Lot" shall mean and refer to any plot of land showing upon any recorded plat of the Property with the exceptiati of Common Area 1.8 "Bylaws" shall mean the bylaws of the Association. 1.9 "Committee" shall mean the Arch.~tectural Committee described in Article VI hereof. 1.10 "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the owners. 2.11 "Declaration" or "Supplemental Declaration" shall refer to this declaration as hereafter amended and supplemented from time to time. 1.12 "Declarant" shall mean and refer to Max A. Boesiger, Inc.. an Idaho corporation. and its successors and assigns, if such successors and assigns should acquire more than one (i} undeveloped Lot from the Declarant for the purpose of development and as part of such conveyance. the Declarant assigns and transfers to such transferee the Declarant's rights with respert to such Lots, 1.13 "Grantor" shall mean and refer to the declarant. 1.14 "Improvement" shall mean any structure. facility ONE SUBDIVISION DECLARATION - 2 1~3~®+~1.3'~~ or system, or other improvement or ob3ect. whether permanent or temporary. which is erected. constructed or planed upon, under or in any portion of the property; including, but not limited to buildings. fences. streets. drives, driveways. sidewalks. curbs, landscaping. signs. lights, mailboxes, electrical lines, pipes, pumps. ditches, waterways, swimming pools and other recreational facilities and fixtures of any kind whatsoever. 1.15 "Lot" shall mean and refer to a Building Lot. 1.16 "Member" shall mean each person or entity holding a membership in the Associatlo.~. 1.17 "Hartgage" shall mean and refer to any mortgage or deed to trust and "Mortgagee" shall refer to the mortgagee. or beneficiary under a deed of trust, and "Mortgagor" shall refer to the mortgagor. or grantor of a deed of trust. 1.18 "Awner" shall mean and refer to the record Owner, whether one or more persons or entities. of a fee simple title to any Lot which is a part of the Properties. including contract sellers. but excluding those having such interest merely as security far the performance of an obligation. 1.19 "Plat" shall mean the regarded Piat of ONE SUBDIVISION #1 and the recorded Plat of any other Properties annexed hereto. 1.20 ""Properties" or "Property" shall mean and refer to the real property hereinbefore described, and such additions thereto as may hereafter be annexed and brought within the coverage o€ this declaration as more particularly provided for herein. 1.21 "Set Back" means the minimum distance established by law between the dwelling unit or other structure referred to and a given street. road or Lot line. 1.22 "Unit" shall mean one residence which shall be situated upon a Lot. ARTICLE ~,~, GENERAL COVENAAITS. CONDITIONS AND RESTRICTIONS 2.1 Land Use and Auildina Type„", No Lot shall be used except for residential purposes. and no i.ot or the Common Area shall be used for the conduct of any trade or business or professional activity. Notwithstanding the foregoing. the Board may. in its discretion and upon request by an Owner. allow an Owner to conduct a "garage sale" upon such owner's Lot. _ -- ---~"fmprovements s a rec e a tered, placed ar permitted to remain on any LoZ other than one designed to accommodate no more than one ti} single-family residential dwelling. 2.1.1 Size imitations. Split level and two (2} story Units shall have not less than id00 square €eet of nuR fiUR07ViS7oN gECLARA'CION - 3 interior floor area, exclusive of parches and garages. All other units shall have not less than 1300 square feet of interior floor area an the ground floor of the main structure, exclusive of porches and garages, 2.1.2 Garaaes. Each Unit constructed with the Property shall include at least a two (2) car, enclosed garage which is an integral part of the Unit structure. 2.1.3 oof Hater~l. The roof of each Unit may be constructed of asphalt shingles. or such other material as may be approved by the Architectural Committee in writing. 2.2 A~~~itectural Co~,trol. No improvements which will be visible above the ground or which will ultimately affect the visibility of any above ground improvement shall be built, erected. placed or materially altered, including without limitation. change of exterior colors or materials. on the Property, unless and until the building plans, specifications, and plot plan have been reviewed in advance by the Architectural Committee and the same have been approved by the Committee. The review and approval or disapproval may be based upon the following factors: design and style elements, mass and form, topography, setbacks, exterior color and materials, physical or artistic conformity to the terrain and the other improvements on the Property which the Architectural Committee, in their reasonable discretic+n, deems relevant. Said requirements as to the approval of the architectural design shall apply only to the exterior appearance of the improvements. This Declaration is not intended to serve as authority for the Architectural Committee to control the interior layout of design of buildings except to the extent incidentally necessitated by use and size requirements. 2.3 Exterior Haintenance~ 's Obligations No improvements, including mail boxes and landscaping, shall be permitted to fall into disrepair, and eac5 improvement shall at all times be kept in good condition and repair. In the event that any Owner shall permit any improvement. including trees and landscaping, ahich is the responsibility of such Owner to maintain, to fall into disrepair so ae to create a dangerous, unsafe, unsightly or unattractive condition, or damage to Property or facilities on or adjoining their Lot which would otherwise be the Associations' responsibility to maintain, the Board, upon fifteen (IS) days prior written notice to the Owner of said Lot, shall have the right to correct such condition, and to enter upon such Qwner's Lat for the purpose of doing sa, and such Owner shall promptly reimburse the Association for the cost thereof. Such cast shall be a Limited Assessment and shall create a lien enforceable in the same manner as other Assessments set forth herein. The Owner of the offending Lot shall be personally liable. and his Lot may be subject to a mechanic's lien for all costs and expenses incurred by the Association in taking such corrective action, plus all costs incurred in collecting the amounts due. Each Owner shall pay all amounts due for such work within ten {10) days after receipt of written demand therefor. or the amounts may, at the option of the ONE SUBDTVTSTON DECLARATION - 4 ~.33~~+~~.3'~f Board, be added to the amounts payable by such Owners as Regular Assessments. Bach Owner shall have the remedial rights set forth herein if the Association fails to exercise its rights within a reasonable time following written notice. In the event the improvements on any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair. restoration or reconstruction thereof within ninety (90) days of such damage or destruction. Zf after ninety (90) days of the repair. restoration or reconstruction of such damaged or destroyed improvements have not taken place, the Association, upon fifteen (15) days prior written notice to the Owner of such Property, shall have the right to correct such condition. and to enter upon Owners Lot for the purpose of doing so and such Owner shall bear all costs incurred by the Association, a Tien shall be applied to the Lot. 2.4 Improvements ~gc~,t,~,on. No improvements shall be constructed in violation of set-back requirements established by law, or by this Declaration as set forth on the recorded plat of the Subdivision. 2.5 Nuisances. No noxious or offensive activity, including without limitation, those creating an offensive odor, shall be carried an upon any Lot or the Common Area nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 2.6 Temporary Structures. No improvements of a temporary character. trailer, basement, tent. shack, garage. barn or other outbuilding shall be placed or used on any Lot at any time as a residence either temporarily or permanently. 2.? i ns. No sign of any kind shall be displayed to the public view on any Lot except one sigh of not more than five (5) square feet advertising the Property for sale or rent, or signs used by a builder or the Declarant to advertise the Property during the construction and sales period. 2.8 oil a~ ~.i~3 Operations. No ail drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon the Property, nor shall oil wells. tanks, tunnels. mineral excavations or shafts be permitted upon the Property. No derrick or .other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon the Property. 2,9 Livestock and Poultry. No animals, livestock. or poultry ox any kind shall be raised. bred or kept on any Lot, except that dogs, cats or other household pets may be kept provided that the are not kept, bred, ar maintained for any commercial purpose and provided that the keeper of such pets complies with all c1ty, and county laws. rules and regulations. No dog runs or kennels shall be permitted to be kept or placed within five (5) feet of a set-back line where applicable. Dog runs or kennels shall only be permitted to be placed and maintained to the rear of dwellings and in no tl#lF; .^+IiAl1TVTS ~()N T1F.rT,ARATTAN - 5 3.~~€~n~,3~'~ event shall such structure be visible from a street. All such kennels oz facilities shall comply with all applicable laws and rules. 2.10 Garbage and Refuse DispgPai. No rubbish, trash, garbage. refuse or debris shall be placed or allowed to remain on the Property except trash kept and maintained with the interior of a Unit in sanitary containers. All such material shall only be kept in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean, neat and sanitary condition. 2.11 Water Supoly. No individual domestic water supply system shall be permitted on any Lot. 2.12 Sewage Disaosal. No individual sewage disposal system shall be permitted on any Lot. All Lots shall be subject to the following sewer requirements of the Gity of Meridian 2.12.1 A monthly sewex charge must be paid after connecting to the City of Meridian public sewer system, according to the ordinances and laws of the City. 2.12.2 Each Owner shall submit to inspection by the Department of Public Works, the Department of Building, or other Department whenever a subdivided Lot is to be connected to the sewage system constructed and installed on and within its Property. 2.12.3 The applicant/Owner of this subdivision, or Lot or Lats therein. shall and hereby does vest in the City of Meridian the right and power to bring all actions against the Owner of the premises hereby conveyed or part thereof for the collection of any charges herein stated. Z.13 Sight Distance at Intersections. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadway shall be placed or permitted to remain on any corner Lot within the triangular area formed by :.he street Property lines and a line connecting them at points (30) feet from the intersection of the street 11nes, or in the case of a sounded Property corner from the intersection of the street Property lines extended. The same sight-line limitation shall apply on any Lot within ten (10) feet from the intersection of a street property line with the edge of driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 2,19 Declarant's Right. Declarant reserves the right to construct residences and other improvements upon any Lot and to offer the same with completed structures thereon for sale to individual Owners. 2.15 Boats. CamAerBy and Other Vehicles, No boats, trailers. tractors. recreational vehicles, (i.e., any trailers, campers, motorhomes, automobile campers or similar vehicle or equipment) dilapidated, unrepaired or unsightly f1NF. SIIPDTVTSTON DECLARHTTON - 6 vehicles, or similar equipment, motorcycles, snowmob~l'd~,~~~*~a~~~ trucks (working or non-working) greater than three-quarter {3/4) of a ton in size shall regularly or as a matter of practice be parked or stored on any portion of the Property (including streets and driveways) unless enclosed by a structure or screened from view in a manner approve 8. in writing. by the Architectural Committee. Notwithstanding the foregoing. any boat. camper trailer or recreational vehicle which is in good repair and working order which does not exceed the following dimensions may be stored on the side .yard of Lot between front and rear yard set-backs if screened by a six foot (6') fence: eight (8) feet wide. twenty-seven (27} feet long and ten (10) feet high. Provided, however, such storage may not be located adjacent to the street on a corner Lot. 2.16 Bathrooms. All bathrooms. sink and toilet facilities shall be inside residence buildings and shall be connected by underground pipes directly with the sewer system. 2.1T Antennae. No television antennae, satellite receivers, or radio aerials shall be installed an the Property. other than within the interior of a Unit. 2.18 Hazardous !}ctivitigs. No activity shall be conducted on or in any Unit, Lot or Common Area which is or might be unsafe or hazardous to any person or Property. Without limiting the generality of the foregoing, no firearms shall be discharged upon said Property; no open fires shall be lighted or permitted on any property except in a self- contained barbecue unit while attended and in use for cooking purposes. or with a safe and well-designed interior fireplace, (except such picnic fires in portions of said common Areas designed far such use or} except such controlled and attended fires required for clearing or maintenance of land. 2.19 Unsightly Articles. No unsightly articles shall be permitted to remain on any Lot or Common Area as to be visible from any other portion of the Property. Without limiting the foregoing, no clothing or household fabrics shall be hung, dried or aired in such a way as to be visible from any other portion of the Property. No lumber, grass. shrub or tree clippings or plant waste, compost piles, metals, building or other materials or scrape or other similar material or articles shall be kept. stored or allowed to accumulate on any portion of the Property except within an enclosed structure or appropriately screened from view as approved, in writing, by the Architectural Committee. "screened" is define as being concealed or made non-visible from eye level. at grade, at all points with the Property. 2.20 Light. Sound - General. No light shall be emitted from any Lot or from Common Area which light is unreasonably bright or causes unreasonable glare. No sound shalt be emitted from any Lot or Common Ares which is unxeasonably loud ar annoying, and no odors shall, be emitted on any property which are noxious or offensive to others. ~.3~~~~"R1.~'3'7~ 2.21 Construction During the course of actual construction of any permanent improvements, the restrictions contained in this Declaration and any supplemental declarations shall be deemed waived to the extent necessary to permit such construction, provided that during the course of such construction nothing shall be done which will result in a violation of these restrictions upon completion of construction and all construction shall be diligently prosecuted to completion, continuously and without delays, 2.22 Re-_~onstruction in any case where it is necessary to reconstruct a Unit or any improvement in the Common Area, said reconstruction shall be prosecuted diligently, continuously and without delays from time of commencing thereof until such structure is fully completed and painted. useless prevented by causes beyond control and only for such time that such causes continue. 2.23 Maintenance and R-~:_ Tn the event the improvements on any Lot shall suxfer damage or destruction from any cause. the Owner thereof shall undertake the repair, restoration and reconstruction thereof within ninety (90) days of such damage or destruction. 2.24 L"ences. All fences shall be of vertical cedar design and construction. No chain-link fences, grape stake fences or fences of basket•-weave design shall be allowed, Side fences on corner lots may extend only from the rear Lot i:ne to rear line of the residence. 2.25 Plat Conditions. A11 covenants, conditions and restrictions and other matters set forth on all Plats are hereby incorporated by reference and notice is hereby given to the same. 2.2G F. 8nt and Side Yards,,,, The front yard of each Lot and the side yard of any Lot which is adjacent to a street must be planted with sod within twenty-one (21) days of substantial completion, or occupancy, whichever shall first occur, or as soon thereafter as the weather permits. Ail remaining portions of the yard area of each Lot must be planted with sod, seeded and/or• landscaped, within six (6) months of Occupancy of the Unit. The failure of the Owner to timely comply with this paragx•aph shall constitute a failure to perform exterior maintenance and the Association and/or the Grantor shall have all rights and remedies provided in Section 2. 3. or any other provision of this Declaration, 2, 27 No Dum-~-.-.pin~• Hq excavation material. grass or yard clippings, rubbish, trash, garbage. refuse or debris shall be placed or allowed to remain an any vacant or unimproved Lot, without the prior written Approval of the Declarant or the Architectural Committee. The Owner of any Lot who dumps such material shall be liable far the cleanup and/or removal costs. ONE SUBDIVISION DECT,AAATION •- 8 RTICLL T~,~ PROPERTY TS ~.~3~ao ~~..~eo 3.1 Owger's Ease~,gents aE.Enioyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot. subject to the following provisions. 3,1.1 The Association has the right to suspend the voting rights of an Owner for any period during which any assessment against his Lot remains unpaid. 3.1.2 The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to suoh conditions as may be agreed on by the members. Such dedication or transfer shall be effective upon the recording of an appropriate instrument executed by the President and Secretary of the Association and upon which said officers affirm that the transfer or dedication was approved by the Owners of a majority of the Lots. 3.2 Deleq¢tion of Use.. Any Owner may delegate, in accordance with the Bylaws. his right of enjoyment to the Common Area and facilities to the members of his family, guests, tenants or contract purchasers who reside on the property. 3.3 Damaaes. Each Owner shall be liable for any damage to such Common Areas or other property owned ar maintained by the Association which may be sustained by reason of the negligence or willful misconduct of said Owner ar of his family and guests. tenants or contract purchasers. both minor and adult. In the case of joint ownership of a Lot. the liability of such Owners shall be joint and several. The cost of correcting such damage shall be charged as a limited assessme,~t against the Owner and his Lot and may be collected as provided herein for the collection of other assessments. ~~~ Iv CRYSTAL $PRIN68 HOMEOw1d1~RS' ~SSO~IATION 4.1 Or•aanization of Association. The Crystal Springs Homeowners Association ("Association") is an Idaho Corporation formed under the provisions of the Idaho Non- profit Corporations Act and shall be charged Kith the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws and this Declaration. Neither the Articles nor the Bylaws shall. for any reason, be amended ar otherwise changed or interpreted so as to be inconsistent with this Declaration. X9.2 Me~ber~i}1p. Each Owner of a Lot subject to this Declaration (including the Declarants by virtue of being such an Owner and for so Lang as such ownership is maintained, shall be a Member of the Association. and no Owner shall have more than one membership in the Association, except as hereinafter set forth with respect to voting. Memberships in ONE SUBDIVISION DECLARATION - 9 the Association shall not be assignable. except to the successor-in-interest of the Owner. and all memberships in the Association shall be appurtenant to the Lot owned by such Owner. The memberships in the Association shall not be transferred. pledged or alienated in any way except upon the transfer of title to said Lot and then only to the transferee of title to said Lot. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Association. 4.3 Vot The Association will have two (2) cusses of voting memberships. 4.3.1 Class A. Class A members shall be the Owners. with the exception of the Declarant. and shall be entitled to one (1) vote for each Lot awned. When mare than one person holds an interest in any Lot. all such persons shall be members. The vote for such Lot shall be exercised as they determine. but in no event shall mare than one (1) vote be cast with respect to any Lot. 4.3.2 Class B. The Class B member shall be the Declarant. Upon the recording hereof. Declarant shall be entitled to three (3) votes far each Lot of which Declarant is the Owner. The class B membership shall cease and be converted to Class A membership on January 1, 2000. or when the Declarant no longer owns any Lots within the property subject to the Declaration. whichever event shall first occur. 4.4 'nard o~ Diregtors and Officers. The affairs of the Association shall be conducted by a Board of Directors and such officers as the Directors may elect or appoint. in accordance with the Articles, Bylaws, and this Declaration as the same may be amended and supplemented from time to time. 4.5 Pot3ers and Duties of the Association, 4.5.1 Powers. The Association shall have all the powers of a non-profit corporation organized under the general non-profit corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws and this Declaration. Tt shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under this Declaration, the Articles and the Hylaws. and to da and perform any and all acts which may be necessary .or proper for. or incidental to the proper management and operation of the Common Area and the performance of the other responsibilities herein assigned. including without limitation. 4.5.1.1 Assessments. The power to levy assessments (Annual. Special and Limited) on the Owners of Lots and to force payment of such assessments. all in accordance with the provisions of this Declaration. 4.5.1.2 R1aht of Enforcement. The power and authority Pram time to time in its own name. on Its ONE S08DIVISION DECLARATION - 10 ~ ~ awn behalf or on behalf of any Owner or Owners who consent thereto; to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration of the Articles or the Bylaws. including the Association rules adopted pursuant to this Declaration. and to enforce by mandatory injunction or otherwise. all provisions hereof. 4.5.1.3 Delegation of Powers. The authority to delegate its power and duties to committees. officers, employees. or to any person. firm or corporation to act as manager. l~either the Association nor the members of its Board shall be liable far any omission or improper exercise by the manager of any such duty or power to delegated. 4.5.1.4 Association Rules. The power to adapt. amend and repeal by ma3ority vote of the Board such rules. and regulations as the Association deems xeasonable and which are consistent with this Declaration (the Association Rules). The Association rules shall govern the use of the Common Area by the Owners, families of the Owners, or by an invitee. licensee, lessee or contract purchaser of any Owners provided. however, that the Association rules may not discriminate among Owners and shall not be inconsistent with this Declaration the Articles ar Bylaws. A copy of the Association rules as they may from time to time be adopted, amende8 or repealed, sha11 be mailed or otherwise delivered to each Owner. Upon such mailing or delivery and posting. said Association rules shall have the same force and effect as if they where set forth in and are a part of this Declaration. In the event of any conflict between such Association rules shall be superseded by the provisions of this Declaration. the Articles or the Bylaws to the extent of any such inconsistency. 4.5.1.5 Emeraencv Pow, ers. The Association or any person authorized by the Association may enter upon any Lot in the event of any emergency involving illness ar potential danger to life or property or when necessary in connection with any maintenance or• construction for which it is responsible. Such entry shall be made with as little inconvenience to the Owners as practicable and any damage caused thereby shall be repaired by the Association. 4.5.1.6 Licenses. Easements, ~ R~hts-of-Way,;,. The power to grant and convey to any third party such licenses.-easements an~ig-hts=off-=way in,-on or under the Common Area as may be necessary or appropriate for the orderly maintenance. preservation and enjoyment of the Common Area and for the preservation of the health. safety. convenience and welfare of the Or~ners, far the purpose of constructing, erecting, operating or maintaining ONS Sl18DIVISION DECLARATION - 11 4.5.1.6.1 Underground lines, cables, wires, conduits and other devices for the transmission of electricity for lighting, heating. power, telephone and other purposes; 4.5.1.6.2 Public sewers. storm drains, water drains and pipes, water systems, sprinkling systems. water. heating and gas Linea or pipes; and 4.5.1.6.3 Any similar publio or quasi-public improvements or facilities. The right to grant such licenses, easements and rights-af-way are hereby expressly reserved to the Association and may be granted at any time prior to twenty-one 121) years after the death of the individuals executing this declaration, on behalf of the Declarant. and their issue who are in being as of the date hereof. 4.5.2 ut a o~ thg Association. In addition to power delegated to it by the Articles, without limiting the generality thereof, the Association or its agents, if any, shall have the obligation to conduct all business affairs of common interest to all Owners, and to perform each of the following duties: 4.5.2.1 Operation an Maintenance o; Common Area. Operate. maintain and otherwise manage or provide for the operation, maintenance and management of the Gammon Area including the repair and replacement of property damaged ox destroyed by car~ualty Loss and other property acquired by the Association. 4.5.2.2 Maintenance and manaaement of Site Retention Ponds. Provide the management for proper operation and maintenance of the storm drain retention ponds. Along the nine-mile drain ditch. including weed control and maintenance of any pipe outside the jurisdiction of the Ada County Highway District's maintenance practices. 4.5.2.3 Taxes and Assessments. Pay all real and personal property taxes an@ assessments separately levied against the Common Area. owned and managed by the Association or' against the Association and/or any property owned by the Association. Such taxes and assessments may be contested or compromised by the Rssociation; provided, however, that they ors paid or a bond insuring payment is posted prior to the sale or the disposition of any property to satisfy the payment of such taxes. Tn addition. the Association shalt pay all other taxes, federal, state to local. including income to corporate taxes. levied against the Association in the event that the Association is denied the status of a tax exempt corporation. ~ ~ 4.5.2.4 ater and Other U~ilit~esy Acquire. provide an /or pay or water, sewer. garbage disposal. refuse and rubbish collection, electrical. telephone and gas and other necessary services for the Common Area and the property owned or managed by it. 4.5.2.5 Insurance= Obtain from reputable insurance companies authorized to do business in the State of Idaho and maintain in effect the Following policies of insurance. 4.5.2.5.1 Comprehensive public liability insurance insuring the Hoard. the Association, the Declarant and the individual Owners and agents and employees of each of the foregoing against any liability incident to the ownership and/or use of the Common Area ar their property owned or managed by it. Limits of liability of such coverage shall be as follows: not less than Five Hundred Thousand dollars (5500.000) per person and Five Hundred Thousand dollars (5500.000) per occurrence with respect to personal injury or death, and property damage. 4.5.2.5.2 Full coverage directors and officers liability insurance with a limit of Twa Hundred Fifty Thousand Dollars ($250.000). if the Board so elects. 4.5.2.5.3 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 functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or their person charged with the management or possession of any Association Funds or other property. 4.5.2.5.4 The Association shall be deemed trustee of the interests of all Bambara of the Association in any insurance proceeds paid to it under such policies. and shall have full power to receive their interests in such proceeds and to deal therewith. 4.5.2.5.5 Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the annual assessments levied by the Association. 4.5.2.5.6 Notwithstanding any other provision herein. the Association shall continuously maintain in affect such other additional casualty, flood and liability ONE SUBdIVISION ABCLARATION - 13 insurance as the Hoard deems necessary or appropriate. ~p 1~~~5~~~~~~~ 4.5.2.6 ule a n Hake, establish. promulgate. amend and repeal the Association rules. 4.5.2.7 Arc itectual Committee. Appoint and remove members of the Committee. all subject to the provisions of this Declaration. 4.5.2.8 Drainage Sv~tems. Operate, mai:etain, repair and replace, all drainage systems located within the Property and shown on the Plat which are not maintained by public authorities. 4.5.2.9 Riaht-Of-day laintenance. Maintain, repair and replace the landscaped berm, including the sprinkler system installed thereon, and the fence located on Cherry Lane or any other public right-of-way adjacent to the Property and such other landscaping located within public right~af- way as the Board deems necessary to appropriate. 4.5.2. 1U Irriaation Maintenance. Maintain, repair replace all irrigation lines or channels located on or serving this subdivision, and to pay all maintenance and construction fees of any Irrigation District with respect to the Property, which amounts shall be assessed against each Lot as provided herein. 4.5.2.11 Street ts. Maintain. repair and replace street lights within the Property to the ex~ent such street lights are not operated, maintained. repaired and replaced by the Highway District or other governmental entity, which has jurisdiction of such matters. 4.5.2.12 Subdivi.sian Approval Responsibil~Lies. Perform all continuing duties and responsibilities imposed upon the Grantor pursuant to any governmental approvals relating to the Property including. without limitation, those set forth in the preliminary plat approval far the Subdivision. 4.b Personal Liability. No member of the Board or any committee of the Association or the Archltectur•al Committee or any officer of the Association, ar the Declarant, or the manager. if any. shall be personally liable to any Owner, ar any other party, including the Association. for any damage, lass or prejudice suffered ar claimed an the account of any oat, omission, error or negligence of the Associatlon, the Hoard, the manager, if any, or any other representative or employee of the Association, the Declarant or tl'ie Architectural Committee, any other committee or any officer of the Association, or the Declarant. provided that such person has, upon the basis of such information as may be possessed by him, anted in good faith without willful ar intentlanal misconduct. ONE SUHDIVISIQN DECLAAATIDN ~ 14 rr. ~. ABTICLB v 133~d~~'1386 COV_. E1~A~1T F~,~ ~INTI~HApCE ~ A88SSSMSl1T8 5.1 Creation o~ the ~,ie~ and Perso~-al Obligation ~f Assessments. Bach Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay the Association= 5.1.1 Annual regular assessments or charges. 5.1.2 Special assessments far capital improvements, such assessments to be established and collected as hereinafter provided] and 5.1.3 Limited assessments as hereinafter provided. The Regular. Special and Limited assessments. together with interest, costs and reasonable attorneys' fees, shall be a charge an the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment. together with interest. costs and reasonable attorney' fees shall also be the personal obligation of the person who was the Owner of suoh property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. 5.2 ur caf Assessments. 5.2.1 a ul Assessments. The regular assessments levied by the Association shall be used exclusively to promote the recreation. health, safety and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area. to pay property taxes and other assessments. to pay the annual assessments of any ir~.igation district and to pay such other reasonable costs and expenses which are incurred by the hssociation in carrying out the duties, and business of the Association. 5.2.2 Suecia~„~]. Assessments ~o tai ImR,rovement. In addition to the annual regular assessments authorized above, the Association may levy. in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part. casts and expenses of the Association which exceed the regular assessments or the costs and expenses of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall be approved by a two-thirds {2/3) vote of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Additionally. upon the sale of each Lot by Grantor. the purchaser shall pay a one-time special assessment o€ Thirty and no/140 Dollars {530.00} per Lot. Such special assessment shall be paid on or before the date of recordation of the deed from Grantor to the purchaser. Grantor. as agent for the Association. ONE SiJBDIViSION QECLARATION - 15 shall be entitled to collect this one-time special assessment at the closing of the Lot sale. This one-time special assessment shall be used to defray organizational cost far the Association and general costs of operation. 5.2.3 Limited Assessments. The limited assessments may be levied against any owner in an amount equal to he costs and expenses incurred by the Assaciation, including legal fees for corrective action necessitated by such Owner. without limitation. costs and expenses incurred for the repair and replacement of the Common Area or other property owned or maintained by the Association, damaged by negligent or willful acts of any Owner or occupant of a Lot who is occupying the Lot with the consent of such Owner, or for maintenance of landscaping performed by the Association which has not been performed by Owner as provided herein. 5.2.4 S ec al Assessment for Irrigation stem. Declarant shall, within twelve (12) months of the recording of this declaration. complete installation of dry lines throughout the Project to serve as a water delivery system for pressurized irrigation systems for ultimate delivery of irrigation water to each Lot. Opon the completion of the installation of said dry lines by Declarant and upon that adoption by the City of Meridian of standards and specifications for pressurized irrigation systems in residential subdivisions, an appropriate diversion, pump and such other equipment ar improvements as are in accordance with that standards and specifications adopted by the City Of Meridian shall be constructed. installed and completed by the Association. The Association shall levy, by action of its Board of Directors, a Special Assessment for Irrigation System. in a total amount adequate to pay for such equipment. improvements and construction. Bach Lot in the Project shall pay an equal portion of that assessment. 5.3 M x mum Annual a ular As~esement~ The initial maximum annual regular assessment to be assessed by the Assaciation. shall be Thirty and Mo/100 Dollars (530.00) per Lot per year. 5.3.2 The maximum annual assessment may be increased by the Board each year by not more than ten percent (lOt) above the maximum assessment far the previous year without a vote of the membership of the Association as provided below. 5.3.2 The maximum annual assessment may be increased above ten percent (10~) by a two-thirds (2/3) vote each class of the members who are voting in person or by proxy, at a meeting duly called for this purpose. 5.3.3 The Board rf Directors of the Association may fix the amount of the annual assessment at an Op~E SUBDrVI5I0N DECLARATION - 16 ~.'33~U±~~..388 amount not in excess of the maximum as established from time to time. 5.3.4 The total annual regular assessment, levied against the Lats owned by the Declarant, shall be the lessor of (af the amount of the regular assessment par Lot multiplied by the number of lots owned by the Declarant or (b) the difference between the total annual assessment levied against late owned by the other parties. other than the Declarant, and the reasonable expenditure of the Association for the purposes described in Section 5.2.1 for the fiscal year. 5 . ~ of ~. SL~.~. ~X C*.~. Fluth ~ld~ Sections ~,,?.2 ~i 5.3. Written notice of any meeting called for the purpose of taking any action authorized under Sections 5.3 and 5.4 shall be sent to all members not less than ten days (10) nar more than fifty (50) days in advance of the meeting. At the first such meeting called. the presence of members or of proxies entitled to cast sixty percent (GOt) of all the votes of each class of membership shall constitute a quorum. if the required quorum is not present. another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. 2Io such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 5.5 Unif,Qrm Rate o~ Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on an annual or other basis as determined by the Association from time to time. 5. fi ate of Commencement a~, Annual, ~Issg~ssments ~, Due Dates.. The annual regular assessments or any special assessments then in effect as provided for herein shall commence as to a Lot or Lots on the first day of the first year following the conveyance of the Lot or Lots from Declarant to an Owner or Owners. The Board off Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent 4:o every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall. upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments an a Lot is binding upon the Association as of the date of its issuance. 5.? Effect aF 1~on-aaymegt of Assessments - Remedies of ,t~i„g_ g,~isociation. Any assessment not paid within thirty ( 30 y days after the due date shall bear interest from the due date an a rate of twenty-one percent (2i$) per annum or at the highest rate allowed by law if such rate is less than 21t. The Association may bring an action at law against the Owner personally obligated to pay the same. or foreclosure the lien against the property. No Owner may waive or otherwise escape OHE SUt3DTVISION DECLARRTION - it if ability Ear the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. ~v~w~~~f ~~i.~t~~ 5.8 Bubord~}~tion Q~, t e gyp, to ortgaa~, The lien of the assessments provided for herein shall be subordinate to the lien at any First mortgage. Bale or transfer of any Lot shall not affect the assessment 1len. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereaf~ shall extinguish the lier~ of suoh assessments as to payment which become due prior to such sale or transfer but shall not extinguish personal ],lability. Ho sale or transfer but shall relieve sucsh Lot from liability Ear any assessments thereafter becoming due ar from the ~.ien thereof. ~. T~ Y~. ARCtIITECTI~I~AL COMHITT~,~ 6.1 Members o~ t e Committee. The Architectural Committee ~Eor the Property. sometimes referred to as the "Committee", shall consist of threw (3~ members. The following persons are hereby designed by Declarant as the initial members of the Committee for the Property Name A rasa Max A Boesiger, Jr 1399 East Monterey Drive Boise, Idaho 837x6 Richard D. Boesiger 131 Williams Noise, Idaho 837x6 John W. Holland 9720 West Emerald Btreet Boise. Idaho 83706 Each of said persons shall hold office until suoh time as he has resigned or has been removed or his successor has been appointed. as provided herein. Members of the Committee may be removed at any time without cause. 6.2 Riaht of Appointment and Removal. At any time, Grantor is the Owner of at least one (1) of the bats. Grantor shall have the right to appoint and remove all members of the Committee. Thereafter. the Board of Directors of the T~ssociation shall have the power to appoint and remove all members o€ the Committee. Members of the Committee may be removed at any time, without cause, 6.3 Rev ew of E'roposed Construction. The Committee shall consider and act upon any and all proposals o€ plans and speci€ications submitted for its approval pursuant to this Declaration, and perform such other duties as from time to time shall be assigned to it by the Board of the Asso~:iation, including the inspection of construction in progress to assure Its conformance with plans approved by the Committee. The Board shall have the power to determine. by rule or their written designation consistent with this Ueclara+tion, which types of improvements shall be submitted to the Committee to review and approval, The Committee shall ONE 5Uk1DIVISION DECLARATION - 1$ r-: approve proposals or plane and specifications submitted for its approval only if it deems that the aonstruction, A alterations or additions contemplated thereby in the ~I.a3~~3Q~'„3~~,} locations indicated will not be detrimental to the appearance of any structure affected thereby will be in harmony with the surrounding structures. and that the upkeep and maintenance thereof will not become a burden on the Association. 6.3.1 Conditions ~ approval. The Committee may condition its approval of proposals or plans and specifications upon suah changes therein as it deems appropriate. or upon the agreement of the Owner submitting the same ("Appllaant") to grant appropriate easements to an Association for the maintenance thereof, upon the agreement o! the Applicant to reimburse the Association for the cost of maintenance. or upon all three. any may require submission of additional plans and specifications or other information before approving or disapproving material submitted. 6.3.2 Committee ~y,lee an sea The Committee also may establish. from time to times rules and/or guidelines setting forth procedures for the required content of the applications and plans submitted for approval. Such rules may require a fee to accompany each application far approval. or additional factors which it will take into consideration in reviewing submissions. The Committee shall determine the amount of such fee in a reasonable manner, provided that in no event shall such fee exceed One Hundred Dollars ($100.00) Such fees shall be used to defray the costs and expenses of the Committee or for such other purposes as established by the Board. Such rules and guidelines may establish, without limitation. procedures. specific rules and regulations regarding design and style elements. landscaping and fences and other structures such as animal enclosures as well as special architectural guidelines applicable to Building Lots located adjacent to public and/or private open space. 5.3.3 Detailed P s. The Committee may require suah detail in plans and specifications submitted for its review as it deems proper. including. without ?imitation. floor plans. landscape plans. drainage plans, elevation drawings and descriptions or samples of exterior material colors. Until receipt by the Committee of any required plans and specifications, the Committee may postpone review of any plan submitted for approval. 6.3.4 Committee Decisions. Decisions of the Committee ,and the reasons therefor shall be transmitted by the Committee to the Appllaant at the address set forth in the application for approval within seven i7) days after filing all materials required by the Committee. Any materials submitted pursuant to this Article shall be deemed approved unless written disapproval by the ONE SUBDIVISION DECLAAATTON - 19 Committee shall have been mailed to the Applicant within seven (y) date after the data of the filing at said materials with the Cammittee. The said seven (7} day period shall only commence to run when an authorized representative of the Committee has executed an application form acknowledging acceptance of such application and acknowledging that such application is complete. 8.4 ~,getinas ~ ~, ~g_mmittae,_ The Committee shall meet from time to time as necessary to perform its duties hereunder. The Cammittee may from tim+~ to time by resolution unanimously adopted in writing. designate a Cammittee Representative (who may, but not need be on of its members) tv take any action or perform any duties for and on behalf of the Committee. except the granting of variances pursuant to section 6.5. In the absence of such desigsYation, the vote of any two {2} members of the Cammittee, or the written consent of any two (2) members of the Cammittee taken without a meeting, shall constitute an act of the committee. 6.5 No aiver ~,Yu_ furs ~pprova~.s. The approval of the Cammittee of any proposals or plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the Committee, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications. drawings or matter whatever subsequently ar additionally submitted for approval. or consent. 6.6 Comoe~sation of ember The members of the Committee shall receive no compensation far services rendered. other than reimbursement for expenses incurred by then in the performance of their duties hereunder and except as otherwise agreed by the Hoard. 6.7 Insaection of Work. Inspection of work and carrectian of defects therein shall proceed as follows, 8.7.1 'Upon the completion of any work for which approved plans are required under this Article. the Owner shall give written notice of completion to the Cammittee. 6.7.2 Within sixty (60) days thereafter, the Cammittee ar its duly authorized representative may inspect such improvement. If the Cammittee finds that such work was nut done in substantial compliance with the approved plans. it shall notify the Owner in writing of such non- compliance with such sixty (60) day period. specifying the particular noncompliance, and shall require the Owner to remedy the same. 6.7.3 If for any reason the Committee fails to notify ttte Owner of any noncompliance within sixty (80} days after receipt of the written notice of compliance from the Owner. the improvement shall be deemed to be in accordance with the approved plans. OND SUFsDIVISION DHCLARATION - 20 ~.33~sU-~1s33~ 8,8 0~ ~~ability g~,Committee Members.. Neither the Committee nor any member thereof, nor its duly authorized Committee representative shall be liable to the Association. or to any Owner or Grantee !or any loss, damage ar injury arising out of or in any way connected with the performance of the Committee's duties hereunder. provided such person has. upon ..he basis of such information as may be possessed by him, acted in good faith without wi11fu1 or intentional misconcluat. The Committee shall review and approve or disapprove ail plans submitted to it far any proposed improvement. alteration or addition, solely on the basis of aesthetic considerations and the overall benefit or detriment which would result in the immediate vicinity and to the Property generally. The Cammittes shall take into consideration the aesthetic aspects o! the architectural designs. placement of building. landscaping, color schemes. exterior finishes and materials and similar features, but shall not be responsible for reviewing. nor shall its .approval of any plan or design from the standpoint of structural safety or conformance with building or other codes. 6.9 Varia~~ces. The Committee may authorize variances from compliance with any of the architectural provisions of this Declaration or any Supplemental Declaration. including restrictions upon height. size, floor area or placement of structures, or similar restrictions. when circumstances such as topography. natural obstructions. hardship. aesthetic or environmental considerations may require. Such variances must be evidenced in writing. must be signed by at least two (2) members of the Committee. and shall become effective upon recordation in the Office of the County Recorder of Ada County. If such variances are granted. no violation of the Restrictions contained in this Declaration or any Supplemental Declaration shall be deemed to have occurred with respect ~o 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 Beclaration or of any Supplemental Declaration for any purpose except as to the particular property and particular provision hereof. covered by the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or of any Supplemental Declaration for any purgase except as to the particular property and particular provision hereof covered by the variance. nor sha11 it affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting his use of the premises. including but not limited to zoning ordinances and Lot set-back lines or requirements imposed by any governmental or municipal authority. A CL VIS ~NIdBBATION OAF ~iDDITIOpAL 7.1 S{~exatian. Declarant presently intends to develop other neighboring properties and may. in Declarants discretion. deem it desirable to annex some or all of such other properties to the property covered by this Declaration. ONE SUBDIVISION DECLARATION - 21 ~.~3UUt'~.3~~ The annexed properties may, at Declarant's sole discretion, be used and developed for any purpose a3lowed under appropriate zoning regulations. Such other properties may be annexed to the Property and brought within the provisions of this Declaration by Declarant, its suocessors or assign, at any time, and from time to time, without the approval of an Owner, the Association ar its Board of Diroctore provided that the FHA and the VA, or the HUD representatives thereof, determines that the annexation is in aaaordanae with the general plan heretofore approved by them, As such properties are developed, Declarant shall, with respect thereto, record a Supplemental Declaration which shall annex euah properties to the Property and which may supplement this Declaration with such additional or different covenants, conditions, restrictions, reservations and easements as Declarant, and 1'HA and VA, or the HUD representatives thereof, may deem appropriate for the other properties or portions thereof and may delete or eliminate as to such other properties such covenants conditions, restrictions, reservations and easements as are continues herein which Dealarant and FHA and VA, or the HUD representative thereof. deem net appropriate for the other properties. 7.2 Additional Properties. Subject to the provisions of Section 7.1 above. upon the recording of a Supplemental Declaration as to other properties containing the provisions as set forth in this Section, all provisions contained in this Declaration shall apply to the added properties in the same manner as if it were originally covered by this Declaration, subject to such modification. changes and deletions as specifically provided in such Supplemental Declaration. The Grantees of Lots located in the other properties shall share in the payment of assessments to the Association as provided herein from and after the rer•ordation a! the first deed of a Lot within the added properties from Dealarant to an individual purchaser thereof. 7.3 Procedure for Annexation. The additions authorized under Section 7.1 above. shall be made by filing of record a Supplemental Declaration or other similar instrument with respect to the other properties or portion thereofq which shall be exeouted by Declarant of the Owner thereof and shall extend the general plan and scheme of this Declaxation. The filing of record of said Supplemental Declaration sha11 constitute and effectuate the ansxatlon of the other properties or portion thereof described therein. and thereupon said other properties of portion thereof sha11 become and constitute a part of the properties. become subject to this Declaration and encompassed within the genera]. plans and scheme of covenants. conditions xestrictions, reservations and easements and equitable servitudes contained herein as modified by such Supplemental Declaration for such other properties or portion thereof, and become subject to the functions. powers and jurisdiction of the Association. Such Supplemental Declaration may contain such additions, modifications or declarations of the covenants, conditions, restrictions. reservations or easements and equitable servitudes contained in this Declaration as may be deemed by Declarant and F'H?~ and VA, or the HUD representatives thereof. desirable to refiect the different ONE SUBDIVISION DECi,AAATION - 22 r1 ~ 233~;0~'13y~ character, if any, of the other properties or portions thereof or as Declarant and 8HA and VAS or the HUD representative thereoE~ may deem appropriate in the development o! the properties or pardon thereot~ earn xau 8. 1 Haintenanca ~ jam, Eae ~etwe,~}, tulle a„~„~, Pra»erty ~i ,~, The Association or owner of any lot ghali hereby be granted an easement o! 5' width an the adgoining properties for the purpose o! maintenanaa of fence and/or landscaping so long as such use does not cause damage to any stsucture ar Pence. 8.2 Other ~a~,ptenanoe Easements. Easements for installations and maintenance of utilities and drainage facilities are reserved as shown on the record plat. Within these easements, no structure. planting or other material shall be placed or permitted to remain which may damage ox Interfere with the installation and maintenance of utilities. or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flaw of water through drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot. except for these improvements for which a public authority or utility company is responsible. A further easements is hereby reserved in favor of the Association for access to and maintenance of any irrigation facilities serving the Common Area. ~~~ ~ 9.1 ~nforc~ment. The Association or any Owner shall have the right to enforce, by the proceeding at law or in equity. ail restrictions, conditions. covenants. reservations. liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 9.2 severity. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provislan which shall remain in full force and effect. 9.3 InLterpretation. The terms. covenants and conditiar~s hereof are to be read and interpreted consistently and in a mar-ner to protect and promote property values. 9.4 Term and Amendment. The covenants and :.estrictions of this Declaration shall run with and bind the land. far a ONE SUBDIVISION DECLARATION - 23 ~3a~oc~~,~~~ term of twenty (28) years from the date this t~eclaratian is recorded. after whiah time they shall be automatiaally extended for suaaessive poriods of tan (10} years unless an instrument signed by seventy-five paraent (75'x) at the then Owners oP the Lots has been reaorded~ agreeing to change said covenants in whole or in part. This Declaration may be amended, restated, replaced, terminated or superseded during the First twenty (283 year period by an instrument singed by the President and Secretary of the Assaaiation afiirming that such amendment was approved by two-thirds (2/3) ox the Owners o~ the Lots covered by this Declaration or by an instrument signed by two-thirds (2/8) oP the Lot Ownersi provided, however, that iP Grantor is still the Owner aP any sots the provisions of Article Vx may sat be amended without the written consent and vote o! the Grantor. IN WITNESS WHEREOF. the undersigned. being the Declarant herein~•has hereunto set its hand and seal this ~1~- day off, ~ ~ ~ . 1991. ~~~ Max A. 8oesiger, Inc., e ~. \ ti ~ ~~ ~"' m a : ~. ,.,. I ~: ~ y •~+ ~; : '.~ ' ~ ' rn ~~ ~ ,~ ., '' _ s S ,~ti ~ ' TATH~ .0~ TD ,HO ) ss. County of Ada an Id o Corporat n BY ax A. Boesiger Jr. Pr On this lye day af,,~~ 1991. before me the undersigned, a Notary Public in and for said State, personally appeared MAg A. BOESIGER JR. known or identified to me to be the President of Max A. Boesiger, Inc „ the person who executed the instrument on behalf of said corporation. and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal. the day and year in this certificate first above written. ~~ Notary Public for ha v,` ;. yt' 9 } .r Residing at Boise, 1'daho ~: °~'° ,, ; My Commission Bxpirese ~___W_______~!7 ~. ` . ~ ` ~,^ ONE SUBDIVISION DECLARATION - 24 i-~. ~zzs~iaa SUPPLBAIENTAL DSCLARATICiN OP • COVENANTS. CONDITIONS AND R>38TRICTiONS .. ~, SUBDI V 18 I ON .. ~ ~ (Annexation of Qne Subdivision tit) A D!, C G; I. T ti', I G, 'r O R ~P.~t.E R~CORDirR BY ~~ '92 ~~R 5 PIS y 21 POR ~.o~BJ~~'o2~~ This Supplement 1 Declaration t"t3uppiement") !a sade effective as of the ~~ day of _1t~ldta•Gu ~~~ iggZ~ • by 1dAX A. BOFSIGER, [NC „ an Idaho corporation, or _ "Declarant." and shall be incorporated Into and supplement that certain Declaration of Cavenanta, Condition: and • Restrictions for Otte 5ubdiviaion -Phase 1, recorded as • Instrument No. 9152521. records of Ada County, as to the r Phase 2 Property hereby covered as described below. ARTICLH I. r~ GENERAL 1.1 Property Cove;ed. Grantor/Declarant is the Owner for the real property in the County of Ada, State of Idaho. • describe ass One Subdivision tt2, a portion of the S.W. 1/4 of the S.E. 1/4, Sec. 2, T.3 N., R.1 W. t3. M., - Meridian. Ada County. Idaho, according to the official plat thereof recorded as Instrusent No. 9151520. records of Ada County. Idaho. ("Phase 2 -. Property" and "Phase 2 Lots" as to the Iota therein). 1.2 Purpose. The purpose of this Supplemental Declaration is to annex the Phase 2 Property to the Property covered by the Declaration. and to include the Owners of Phase 2 Lats in - the Association. ~~ 1.3 Annexation., Grantor. pursuant to the provisions of Article VIII of the Declaration. does hereby annex the Phase 2 Property to the Property covered by the Declaration and said Phase 2 Property hereby becomes subiect to the - Declaration and encompassed within the general plans and schema of covenants, conditions. restrictions, and reservations of easements and equitable servitudes and other tezms and conditions therein. except as otherwise specified herein. Unless otherwise provided. all defined terms as contained in the Declaration shall Nava the same meaning in this Supplement as are applicable to the Declaration. 1.5 /~,ssgF~atign Menbershin. Article IV general and Section 4.2 specifically, is :,ereby supplemented to provide that each Owner of n Phase 2 L.ot shall be a member of the CRY37AL SPRINGS ROiIi:OWNERS ASSOCIATION. ~.~68 ~~~2~~ AR'~ICLII I i tirantor ht:roby declares that the Phase 2 and each Lat. parcel. ar portion hereof, is and sballobertY~ held, said, conveyed, encutabered, hypothecated, leased, used, accupled and iaproved subject to the Declaration, as supplemented hereunder, and the restriatians~ covenants, limitations, conditions ad equitable servltudca contained therein, all of which are deciared and agreed to be in #urtherance of a genexal plan for the protection, wainienance, subdivision, improvettent and sale of the Phase 2 property, or ariy lot, parcel ox portion thereof, and to enhance the value, desirability and attractiveness a# the Prapert•Y. The covenants, conditions and restrictions set forth in the Declaration, as supplemented hereunder, shall run with the land (descxibed as the Property including the Phase 2 Property), and each estate therein and shall be binding upon all persons having or acquiring any right, title or interest }n the property, including the Phase 2 Property, or any Lot, parcel or portion hereo# shall inure to the benefit of and be binding upon iirantor, its successors in interest and each Orar.tee and his respective successors in interest, and nay be enxarced by Grantor, by any Grantee or Owner or his successors in interest, ar by the Association as described in t:-e Declaration. ARTICLE III SUPPLE1kENTS AND MODIFICATIONS 3.I 3at, Conditions Article 3, Section 1.1.9 is hereby supplewented to provide that "Plat" as the Phase 2 property shall refer to the recorded plat of One Subdivision No. 2. All conditions of the Plat are hereby incorporated herein by reference and notice is hereby given of the same. acknowledged t~hisESupp~ementaltDecGlarationheffectiveeasaof the day and year first written above. 1{A7C A BOESIGER, IN ., an Idaho Corporation By &iax A. Boesiger 3r., Presi nt ~ M n STATE OP IbANO ) ss. • County of Ada ) On thi s ~~_, day of ',Y~~~ .~~ I,g~' before me the undersigned. a Notary Public in and tos said State. personally appeared AiA7I A. BOE3I(iER IR.. known or identified to me to be the Preside»t of tax A. Boesiger Inc., the corporation that executed the instrument ar the person oho executed the instruaent on behalf of said corposation. and acknoaledged to fre that such corporation executed the same. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal, the d ~' and year in his certificate first above aritten.{ . ~ Notary Public Y~r ~daho Residing at Hoi e, Idaho Ity Commission Expiresr„jl .- , ~:)', t ,FtRO ~'~ F{~CQR~?I:.R RY ~~~ r~lr~r r~, J. DAVID i'•U.. °~RiiO D4~~CfRDER a3Y „.~~.'~r~, ;~, r~ ~ ° 92 ~0~ l'~ Pik 3 ®~ 1'~>< ~~~" #i1~iwNDfd~All ° 92 0~~ ~ fl~ ~ ~.~ xQ ~~~ D>~cE.#,k~A~'li?!V U1N COVi:NAPdTS, Ca~1DiTYOMS AND it~sTEtrc.T!<ok#s ~~R f'IiA.SEiB 1 AND 2 !~.~~~~~~ut.~a~~ This First Ansendmssnt to the Declaration n# Covenants, Conditions and Restrictions #or qne Subdivision w i'ltases 1 and 2, tthe "Declaratioa~"), is mAde a#.°ective this itltlt clay of Segtte~aber. 1992. This 4'isst A~t:ndslent to the Declaration is Bade w1. tt~ to#ex'ence to the #a1;lo~ringe fln ,~,eptember 19, 1491, the Declaratian arcs recorded as tnstru~ent No~9152321, o;f4icial records of l~cla County, Ydaho. The real p~rv~perty cov,srecl by the Dgelaratio,~ is dles~,~•i~e:d ass Lats !.-ido 131acls I6 i,ots 1-2i, l3lactc s; l.at I- 13„ Hlack. A of flDl~ 5IJI3Di;ViSI4N-F°hases 1 and 2. C)n >~arclx 5, 1992, the 1<Se:claration was sug~#ate~ented by ~fac Sup~lenaental Declat~atian o4 Covea~atatsP Couzdttiond, anal itn s 1 xict dons #as 4a~e ;3~sbdfwl sir~ta„ iPhas+e 2, recordeeR as ~:r(strustent AFB'" 92134fF0„ oPiia~fal xeaor<1s etf Atia Coua~typ 1c4ai~a. anti pusp+~we of t}tis Stetsptes~esatal I)ecEaxatieu tea, to anste2 t3a+a r(nt•~s.c@ 2 Prai(soYt3° to Yhr-' g~trlgar9g' Gov!~t'wag by fb~ Declarmtdotk, n}•t'.t to =nLl+ude tE1e cwner& ,tsf d'hase 2 Sots in tike a~sr,ociatiot-,. ~~ .Fut~(m f7, .~~~z, ~ ~,eetkttS ~;< ~r4tb ~~~~~~~ ;-~ ~~~~ c.ry-st:~i Sprin~a rlnasea~rs::~°s A.sao:c'lat.or: was iweld. T$~t~ aac~tzises . i Stites at tie tdree a$ t:1 e: ~e2L~4t~ eras 14t~s the rttigbe~r ai' .:>c~~a c;xx2 is .svr~- tti' tie az~etecEtrent ras:s ?it eaad the ut3~t`,rx sir Vf)ix;S CBGS 3~j:.:1.21.",f ti:~'.'. :itI~E:Y!l~ldih"931t "v1E73S ~. L12Fsan F2fAP~ bttli%t _:~!,-:ttircis a;i' tiaA 4'.~t'cc~=s rt td3e LcsLs covered i>,y itac t.'k'::1.c3Y?t'~,f}Fd a;r.~patztren tdnis Auetecl~,e~~g. PJrr~:, IhG-rs?[:~Xfs, 3;.c:,, ~sTtf: r,d;er r,tte~ t3~ir.= thi : ;FC•cnr,~3 st~'i('•, it-: i$t f:' ?J:°.r!;t 2'e~t tEl.. .~, ~'L C: C]~r: t'=~ .~51 ~a~!'t~ :1~:'zf:. ,t ~i:~3 :ia}i: :.'z~4Dd.. t~"•'» uBG~&?7?, GliFt ?$ okF':i'c;l • i~ i a! s .l r` : ~: ~ .. .=':t. ~' E:.'. ^ ?~: ~Y . ~ , 1 7i L is 5.- ~ [l i s :. ~_ . .~ ~. IN ®ixNIi53 ~iiBRBQF, the undersigned President$ and F.tecgatary o4 the Crystgl Sgtring~ Qlouec~erner°s Associatiae has crxecuted ehe above First Aatendtis$at to the Declarstlan egfective she day amd year 81rst above mritten. AI'~TI:SI' ~ _ '~ ~ saMrc~.. I~isn Linzy. Se tary~ CR'ICSTAL SPRINC3S R®BiE~AlEit'S AS OCY!!?YOYf, IWC. x A. ®oe~iger; 7r. 1'r dent C~R'i' I F I C~e~~ ~. A- ~~ .HiQtdH~H±~R' S7?`t# ~'~ CAF IIDAIi~ ) )ss. ~h~?t,ty sg Ada ? an titf s ', ~' day a# Setyteuber, iSa'?2, be4at•e the :-+~~~s*rsigaed, a Nlotnsy P'~xhlic, ~-ers~vnelly ep~esseli Hsa~u ~,. :;3zr,.iger, 3t. arrd Dan A. Lfseay~ iCno~v~ as idensftied to ~e :a ~a•s• she Psesldens stud iecre9s?ry, :re&~+ectYcelly, o@ the t;~rjaapatios~ thz~t executed tiBEis iost~^assee~s a~rad ackno~lledged to tl!: IF33Q 5lIC~1 GOSDCl7CatiiDn execusted the 8?1L9e. ii5d a;:~'Al1:SS ~•?~I~i1RQi~, i i~ame 9aeraasa~to see ny hand ar~~f rFaiiarti ply olYfelal stia~ flee da*~ a6t¢i year tixst above z~•rS i iwre. et. yea. d~ ~e..wsaw~~~'ta /A~~~~ .rte y +r Q e r GI ~.. ~ f~ ~• k' ~ E} ~ L ' ~ J 1 .• 1Y ..%tt•( .~f~. ,_,/ ,zt'.r ~.rj ~ ,...r F~ l `: Yilti~.1'. + ~ i 4:•,ta ~~ it ~9 ` i •. a ? ` f` - t3 , s ~ ~~ ~, 4'r~P.D l~oveen7ber 17, 1492 7fDte purpose fior rewrccardiet~ tEnis docuueret eras t6tr~t the mctuaA sectfora frog tine C. C. ~ Et.'s to be a,~ittee a~as rant pxa~vide~d at tAee 6attau aS tAtia± SArst page. 5'3~9d~CG, 0~ ~~~'®~ :yincereAy, 6Aax A. Rues ige~, Ir. F'reaident, ddaA A. 8oesigea, Arac. r. q:~, G y i> ::. , is ~ ~~t r ~~ 4 ,.+~ ~ ~~U~v_ ~~L ~U~yTJ kY~.. :~~iw~.•c'a•V~~~r.LSC•q ~+:]YSi~G :;~. " y ^. '.ti . ~ DECLARATION ~ ~ ~ 2 ~ ryl~G_ . ~a~ COVf3NANTS . CONDITIONS D A `f ~ ~ - ~~~ Z --,~~ l,~1,_ TRICTION a'. p/~ ; t :. . !; , ,~ its F..~. RECOEpLF B c~ suuDly~slou 'r~ ~.. '9I SEP 19 Pfd 2 03 TH S DECLARATION is made effective on the ~~ day of 1991, by MAX A. 80ESIGER, INC.. and Idaho corporation hereinafter referred to as "Declarant. " 133E;I1~.~.3' +~ WHEREAS, Declarant is the owner of certain real property in the County of Ada. State of Ydaho. hereinafter referred to as the "Froperty," mare particularly described as followse ONE Subdivision, phase 1, a portion of the 5W 1/4 of the SE 1/4 of Section 2, Township 3 N., Range i W, of the Ho1se Meridian. City of Meridian, Ada County. Idaho according to the official plat thereof recorded as Instrument No. ~'/~~o'LD, .records of Ada County. NOW. THEREFORE, Grantor hereby declares that the Property and each Lot, parcel or portion thereof, is and/or shall be held. sold, conveyed, encumbered, hypothecated. leased, used, occupied and improved subject to the following terms, covenants. conditions, reservations. easements and restrictions, all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the Property. and to enhance the value, desirability and attractiveness of the Property. The terms, covenants. conditicns, reservations. easements and restrictions set forth herein shall run with the land constituting the Property and with each estate therein and shall be binding upon all persons having or acquiring any right, title ar interest in the Property or any Lot. parcel or portion thereof= shall inure to the benefit of every Lot. parcel or portion of the Property and interest therein. and shall inure to the benefit of and be binding upon Grantor, its successors in Interest and each Grantee or Owner and his respective successors in interest. and may be enforced by Grantor. by any Owner or his successors in interest. Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Gran tar's right to complete development of the Property and to construct improvements thereon. nor Grantor's right to maintain model homes, construction, sales or leasing offices or sf.milar facilities on any portion of the Property. nor Grantor's right to post signs incidental to construction. sales or leasing. ONE SUBfJiVTSION DECLARATION - i ART~ci ~, z 1.~~~~~'~~.~~~i'~ DF3FINITIOAI3 1.1 "Articles" shall mean the Articles o£ Incorporation of the Association. 1.2 "Assessments" shall mean those payments required of Owners and Association Members including Regular, Special and Limited Assessments of the Association as further defined in this declaration. 1.3 "Association" shall mean and refer to BOZO Komeowners' Association, Inc., an Idaho non-profit corporation, its successors and assigns. 1.4 "Association Rules" shall mean those rules and regulations promulgated by the Association governing conduct upon the use of the Property under the jurisdiction ar control of the Association, the imposition of fines and forfeitures for violation of Association Rules and Regulations, and procedural matters for use in the conduct of Business of the Association. 1.5 "Beneficiary" shall mean a mortgagee under a mortgage or beneficiary under a deed of trust. as the case may be. and/ar• the assignees of such mortgagee beneficiary or holder. which mortgage or deed of thrust encumbers parcels of real property an the Property. i.6 "Broad" shall mean the Board of Directors or other governing board or individual, if applicable, of the Association. 1.7 "Building Lot" shall mean and refer to any plat of land showing upon any recorded plat of the Propert}• with the exceptioiti of Common Area 1.8 "Bylaws" shall mean the bylaws of the Association. 1.9 "Committee" shall mean the Arah,~tectural Committee described in Article VI hereof. 1.10 "Common Area" shall mean all real property {including the improvements thereto) owned by the Association for the Common use and enjoyment o£ the Owners. 1.11 "Declaration" or "Supplemental Declaration" shall refer to this declaration as hereafter amended and supplemented from time to time. 1.12 "Declarant" shall mean and refer to Max A. Boesiger, Inc., an Idaho corporation. and its successors and assigns, if such successors and assigns should acquire more than one {1) undeveloped Lot from the Declarant for the purpose of development and as part of such conveyance. the Declarant assigns and transfers to such transferee the Declarant's rights with respert to such Lots, 1.13 "Grantor" shall mean and refer to the Declarant, 1,14 "Improvement" shall mean any structure. facility ONE SUB~3IVISION DECLARATION - 2 ~33~~~s~~~~ or system, or other improvement or object. whether permanent or temporary, which is erected. constructed or placed upon. under or in any portion of the Property; including, but not limited to buildings, fences, streets, drives, driveways. sidewalks. curbs, landscaping, signs, lights, mailboxes, electrical lines, pipes, pumps, ditches. waterways, swimming pools and other recreational facilities and fixtures of any kind whatsoever. 1.15 "Lot" shall mean and refer to a 9uilding Lot. 1.16 "Member" shall mean each person or entity holding a membership in the Associatio;z. 1.17 "Mortgage" shall mean and refer to any mortgage ox deed to trust and "Mortgagee" shall refer to the mortgages. or beneficiary under a deed of trust, and "Mortgagor" shall refer to the mortgagor, or grantor of a deed of trust. 1.18 "Awner" shall mean and refer to the record Owner, whether one or more persons ar entities, of a fee simple title to any Lot which 1s a part of the Properties. including contrast sellers, but excluding those having such interest merely as security for the performance of an obligation. 1.19 "Plat" shall mean the recorded Plat of ONE SUBDTVISTON #1 and the recorded Plat of any other Properties annexed hereto. 1.20 ""Properties" or "Property" shall mean and refer to the real property hereinbefore described, and such additions thereto as may hereafter be annexed and brought within the coverage of this declaration as more particularly provided for herein. 1.21 "Set Sack" means the minimum distance established by law between the dwelling unit or other structure referred to and a given street. road or Lot line. 1.22 "Unit" shall mean one residence which shall be situated upon a Lot. ARTICLE 13, GENERAL COVENANTS . COND=TIOI~S AIiD 2.i Lend Use and Buildina Tempe. No Lot shall be used except for residential purposes, and no Lot or the Cowman Area shall be used for the conduct of any trade or business or professional activity. Notwithstanding the foregoing, the board may. in its discretion and upon request by an Owner. alloc~ an Owner to conduct a "garage sale" upon such Owner's Lot. Na improvements shall be erected, altered, placed or permitted to remain on any Lo:, other than one designed to accommodate no mare than one (1) single-Family residential dwelling. 2.1.1 Size Lim Cations. Split level and two {2) story Units shall have not less than idOd square feet of nuE RUROTVISTON DECLARATION - 3 interior floor area, exclusive of porches and garages. All h at er units shall have not less than 1300 square feet of interior floor area on the ground floor of the main structure, exclusive of porches and garages, 2.1.2 Garages. Each Unit constructed with the Property shall include at least a two (2} car, enclosed garage which is an integral part of the Unit structure. 2.1.3 Roof n Material. The roof of each Unit may be constructed of asphalt shingles, or such other material as may be approved by the Architectural Committee in writing. 2.2 Architectural Control. No improvements which will be visible above the ground or which will ultimately affect the visibility of any above ground improvement shall be built. erected, placed or materially altered, including without limitation. change of exterior colors or materials, on the Property, unless and until the building plans, specifications, and plot plan have been reviewed in advance by the Architectural Committee and the same have been approved by the Committee. The review and approval or disapproval may be based upon the fallowing factors design and style elements, mass and farm, topography, setbacks, exterior color and materials, physical or artistic conformity to the terrain and the other improvements on the Property which the Architectural Committee, in their reasonable discretion, deems relevant. Said requirements as to the approval of the architectural design shall apply only to the exterior appearance of the improvements. This Declaration is not intended to serve as authority for the Architectural Committee to control the interior layout of design of buildings except to the extent incidentally necessitated by use and size requirements. 2.3 Exterior Maintenance: Owner's Obligations. No improvements. including mail boxes and landscaping, shall be permitted to fall into disrepair, and each improvement shall at all times be kept in good condition and repair. xn the event that any Owner shall permit any improvement, including trees and landscaping. which is the responsibility of such Owner to maintain, to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition, or damage to Property ar facilities on or adjoining their Lot which would otherwise be the Associations' responsibility to maintain, the Soard, upon fifteen (15) days prior written notice to the Owner of said Lot, shall have the right to correct such condition, and to enter upon such Qwner's Lot far the purpose of doing so, and such Owner shall promptly reimburse the Association for the cost thereof. Such cost shall be a Limited Assessment and sha11 create a lien enforceable in the same manner as other Assessments set forth herein. The Owner of the offending Lot shall be personally liable. and his Lat may be subject to a mechanic's lien for all casts and expenses incurred by the Association in taking such corrective action. plus all casts incurred in collecting the amounts due, Each Owner shall pay all amounts due for such work within ten (10} days after receipt of written demand therefor. or the amounts may, at the option of the ONE SUBUTVISION DECLARATIbN - 4 ~.33f>;~~~.3'~~ Board. be added to the amounts payable by such Owners as Regular Assessments. Each Owner shall have the remedial rights set forth herein if the Association fails to exercise its rights within a reasonable time following written notice. 3n the event the improvements on any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration or reconstruction thereof within ninety (90) days of suoh damage or destruction. If after ninety (90j days of the repair, restoration or reconstruction of such damaged or destroyed improvements have not taken place, the Association. upon fifteen (15j days prior written notice to the Owner of such Property, shall have the right to correct suoh condition, and to enter upon Owners Lot for the purpose of doing so and such Owner shall bear all costs incurred by the Association, a Iien shall be applied to the Lot. 2.4 Imaroyeme,~,ts Loc~t~on. No improvements shall be constructed in violation of set-back requirements established by law, or by this Declaration as set forth on the recorded plat of the Subdivision. 2.5 Nuisances. No noxious or offensive activity, including without limitation, those creating an offensive odor. shall be carried on upon any Lot or the Common Area nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 2.6 Temoorarv Structures. No improvements of a temporary character, trailer. basement, tent, shack, garage, barn or other outbuilding shall be placed or used on any Lot at any time as a residence either temporarily or permanently. 2.? Sians. No sign of any kind shall be displayed to the public view on any Lot except one sigh of not more than five (5j square feet advertising the Property for sale or rent, ar signs used by a builder or the Declarant to advertise the Property during the construction and sales period. 2.g ~ aSd t~inlna Operations. No oil drilling, ail development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon the Property. nor shall ail wells, tanks, tunnels. mineral excavations or shafts be permitted upon the Property. No derrick or other structure designed for use in baring for oil or natural gas shall be erected. maintained or permitted upon the Property. 2.9 Livestock and Poultry. No animals, livestock. or poultry of any kind shall be raised. bred or kept on any Lot, except that dogs, cats or other household pets may be kept provided that the are not kept, bred, or maintained for any commercial purpose and provided that the keeper of such pets complies with all City. and county laws. rules and regulations. No dog runs or kennels shall be permitted to be kept or placed within five (5) feet of a set-back line where applicable. Dog runs or kennels shall only be permitted to be placed and maintained to the rear of dwellings and in no n~TR RrrRiITVTR r'f)N nFrT.ATiATTAN - 5 event shall such structure be visible from a street. All such kennels or facilities shall comply with all applicable laws and rules. 2.10 Garbage and Refuse Disposal. No rubbish. trash. garbage, refuse or debris shall be placed ar allowed to remain on the Property except trash kept and maintained with the interior of a Unit in sanitary containers. All such material shall any be kept in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean. neat and sanitary condition. 2.11 Water Supply. No individual domestic water supply system shall be permitted on any Lot. 2.12 5ewaae riisoosal. No individual sewage disposal system shall be permitted on any Lot. All Lots shall be subject to the fallowing sewer requirements of the City of Meridian 2.12.1 A monthly sewer charge must be paid after connecting to the City of Meridian public sewer system, according to the ordinances and laws of the City. 2.12.2 Each Owner shall submit to inspection by the Department of Public Works. the Department of Building, or other Department whenever a subdivided Lot is to be connected to the sewage system constructed and installed an and within its Property. 2.12.3 The applicant/gwner of this subdivision. or Lot or Lots therein. shall and hereby does vest in the City of Meridian the right and power to bring all actions against the Owner of the premises hereby conveyed or part thereof for the collection of any charges herein stated. 2.13 .Sight Distance at Intersections. No fence, wall. hedge ar shrub planting which obstructs sight lines at elevations between two (2y and six (6) feet above the roadway shall be placed or permitted to remain on any corner Lot within the triangular area formed by ~he street Property lines and a line connecting them at points {30) feet from the Intersection of the street lines. or in the case of a rounded Property corner from the intersection of the street Property lines extended. The same sight-line limitation shall apply on any Lat wiL•hin ten {10} feet from the intersection of a street property line with the edge of driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 2,i9 Declarant's Right. Declarant reserves the right to construct residences and other improvements upon any Lot and to offer the same with completed structures thereon for sale to individual Owners. 2.15 Boats. Campers. and Other Vehi,_ cles. No boats. trailers, tractors. recreational vehicles. (i.e., any trailers. campers, motorhomes, automobile campers or similar vehicle or equipment) dilapidated, unrepaired or unsightly nNE SlIRDTVISTON DECLARATION - 6 vehicles, or Simi iar equipment, motorcycles. snowmob~l'd~,~~~~+~~~ trucks (working or non-working) greater than three_quarter (3/4) of a ton in size shall regularly or as a matter of practice be parked or stored an any portion of the Property (including streets and driveways) unless enclosed by a structure or screened from view in a manner approved, in writing, by the Architectural Committee. Notwithstanding the foregoing. any boat. camper trailer or recreational vehicle which is in good repair and working order' which does not exceed the following dimensions may be stored on the side yard of Lot between front and rear yard set-banks if screened by a six foot (6') fence: eight (8) feet w1de, twenty-seven (27) feet fang and ten (10) feet high. Provided, however. such storage may not be located adjacent to the street on a corner Lot. 2.16 Bathrooms. All bathrooms. sink and toilet facilities shall be inside residence buildings and shall be connected by underground pipes directly with the sewer system. 2.17 Antennae. No television antennae. satellite receivers, or radio aerials shall be installed an the Property. other than within the interior of a Unit. 2.i8 Hazardous Activitigs. No activity shall be conducted on or in any Unit. Lot or Common Area which is or might be unsafe or hazardous to any person or Property. Without limiting the generality of the foregoing. no firearms shall be discharged upon said Property; no open fires shall be lighted or permitted on any property except in a self- contained barbecue unit while attended and in use for cooking purposes. or with a safe and well-designed interior fireplace, {except such picnic fires in portions of said common Areas designed far such use or} except $uch controlled and attended fires required for clearing or maintenance of land. 2.19 Unsightly Art Iles. No unsightly articles shall be permitted to remain on any Lot or Common Area as to be visible from any other portion of the Property. Without limiting the foregoing, no clothing or household fabrics shall be hung, dried or aired in such a way as to be visible from any other portion of the Property. No lumber, grass, shrub or tree clippings or plant waste, compost piles. metals, building or other materials or scrape or other similar material or articles shall be kept, stored or allowed to accumulate an any portion of the Property except within an enclosed structure or appropriately screened from view as approved, in writing, by the Architectural Committee. "Screened" is define as being concealed ar made non-visible from eye level. at grade, at all points with the Property. 2.20 Licht. Sound - General. No light shall be emitted from any Lot or from Common Area which light is unreasonably bright or causes unreasonable glare. No sound shall be emitted from any Lot or Common Area which is unreasonably loud or annoying, and no odors shall be emitted on any property which are noxious or offensive to others. ~.33~~~~p~.~~'7~ 2.21 Coxlstruction During the course of actual construction of any permanent improvements. the restrictions contained in this Declaration and any supplemental declarations shall be deemed waived to the extent necessary tG permit such construction, provided that during the course of slICh COtYStY'uCtion nothing shall be done which will result in a violation of these restrictions upon completion of construction and all construction shall be diligently prosecuted to completion, continuously and without delays. 2.22 Re~Construction In any case where it is necessary to reconstruct a Unit or any improvement in the Common Area, said re-•construction shall be prosecuted diligently, continuously and without delays from time of commencing thereof until such structure is fully completed and painted, useless prevented by causes beyond control and only for such time that such causes continue. 2.23 Naintenance and Repair. Tn the event the improvements on any Lot shall suffer damage ar destruction from any cause. the Owner thereof shall undertake the repair, restoration and reconstruction thereof within ninety t90) days of such damage or destruction. 2.24 Fences. Rl2 fences shall be of vertical cedar design and construction. No chain-lank fences, grape stake fences or fences of basket•-weave design shall be allowed. Side fences on corner tots may extend only from the rear Lot l:.ne to rear line of the residence. 2.25 Plat Conditions. All covenants, conditions and restrictions and other matte"rs set forth on all Plats are hereby incorporated by reference and notice is hereby given to the same. 2.25 Front and Side Yar The front yard of each Lat and the side yard of any Lot which is adjacent to a street must be planted with sod within twenty-one (21} days of substantial completion. or occupancy, whichever shall first occur. or as soon thereafter as the weather permits, All remaining portions of the yard area of each Lat must be planted with sod. seeded and/or landscaped. within six (6; months of occupancy of the Unit. The failure of the Owner to timely comply with this paragraph shall.constitute a failure to perform exterior maintenance and the Association and/ar the Grantor shall have all rights and remedies provided in Section 2.3, ar any other provision of this Declaration, 2.27 No Dumaina. Na excavation material, grass or yard clippings. rubbish. trash, garbage, refuse or debris shall be placed or allowed to remain on any vacant or unimproved Lot. without the prior written Apgraval of the Declarant or the Architectural Committee, 'fhe Owner of any Lat who dumps such material shall be liable for the cleanup and/or removal COSt3. ONN SU~3DIVISION DECLARATION - 8 r~ ARTICLE ~~ PROP~~tTY RIGHT$ 1.33~r0~I ~a..380~ 3.1 Owner's Easements af.Enioyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions. 3.i.i The Association has the right to suspend the voting rights of an Owner for any period during which any assessment against his Lot remains unpaid. 3.1.2 The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority. or utility for such purposes and subject to such conditions as may be agreed on by the members. Such dedication or transfer shall be effective upon the recording of an appropriate instrument executed by the President and Secretary. of the Association and upon which said officers affirm that the transfer or dedication was approved by the Owners of a majority of the Lots. 3.2 Deleq$tion ~ use. Any Owner may delegate, in accordance with the Bylaws. his right of enjoyment to the Common Area and facilities to the members of his family. guests, tenants or contract purchasers who reside on the property. 3.3 Damages. Each Ownez shall be liable for any damage to such Common Areas or other property owned or maintained by the Association which may be sustained by reason of the negligence or willful misconduct of said Owner or of his family and guests. tenants or contract purchasers, both minor and adult. In the case of joint ownership of a Lot, the liability of such Owners shall be joint and several. The cost of correcting such damage shall be charged as a limited assessme,~t against the Owner and his Lot and may be collected as provided herein for the collection of other assessments. ARTICLE 7~i, CRYSTAL SPRINGS HOMEOKiiERS' ~SSO~IATION Q.1 Or•aanixation of Association. The Crystal Springs Homeowners Association {"Association"} is an Idaho Corporation farmed under the provisions of the Idaho Non- profit Corporations Act and shall be charged Hsth the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws and this Declaration. Neither the Articles nor the Bylaws shall. for any reason be amended ar otherwise changed or interpreted so as to be inconsistent with this Declaration. ~.2 Membershi». Each Owner of a Lot subject to this Declaration (including the Declarant! by virtue of being such an Owner and for so long as such ownership is maintained, shall be a Member of the Association. and no Owner shall have more than one membership in the Association, except as hereinafter set Earth with respect to voting. Memberships in ONE SUBDIVISION DECLARATION - 9 the Association shall not be assignable, except to the successor-in-interest of the Owner, and ail memberships in the Association shall be appurtenant to the Lot owned by such Owner. The memberships in the Association shall not be transferred, pledged or alienated in any way except upon the txansfer of title to said Lot and then only to the transferee of title to said Lot. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Association. 4.3 Vot The Association will have two (2} classes of voting memberships. 4.3.1 Class A. Class A members shall be the Owners, with the exception of the Declarant, and shall be entitled to one {1} vote for each Lot owned. When more than one person hails an interest in any Lot, all such persons shall be members. The vote far such Lot shall be exercised as they determine. but in no event shall more than one ii} vote be cast with resgect to any Lot. 4.3.2 Class 8. The Class B member shall be the Declarant. Upon the recording hereof, Declarant shall be entitled to three (3) votes for each Lat of which Declarant is the Owner. The class B membership shall cease and be converted to Class A membership an January 1, 2000, or when the Declarant no longer owns any Lots within the property subject to the Declaration. whichever event shall first occur. 4.4 card of Directors and Officers. The affairs of the Association shall be conducted by a Baard of Directors and such officers as the Directors may elect or appoint. in accordance with the Articles, Bylaws, and this Declaration as the same may be amended and supplemented from time to time. 4.5 Pati~ers and Duties of the Association. 4.5.1 Powers. The Association shall have all the powers of a non-profit corporation organized under the general non-profit corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws and this Declaration. It shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under this Declaration. the Articles and the Hylaws, and to do and perform any and all acts which may be necessary or proper for, or incidental to the proper management and operation of the Common Area and the performance of the other responsibilities herein assigned, including without limitation. 4.5.1.1 Assessments. The power to levy assessments (Annual, Special and Limited) on the Owners of Lats and to force payment of such assessments. all in accordance with the provisions of this Declaration. 4.5.1.2 Right of Enforcement. The power and authority from time to time in its own name, on its ONE SUBDIVISION DECLRRATION - 10 ~.~3s®~~.~~ own behalf or on behalf of any Owner or Owners who consent thereto; to commence and maintain actions and suits to restrain and enioin any breach or threatened breach of this Declaration of the Articles or the Bylaws. including the Association rules adopted pursuant to this Declaration. and to enforce by mandatory injunction or otherwise. all provisions hereof. 4.5.1.3 Delegation of Pow----~s.s. The authority to delegate its power and duties to committees. officers. employees, or to any person. firm or corporation to act as manager. Neither the Association nor the members of its Board shall be liable for any omiasian or improper exercise by the manager of any such duty or power to delegated. 4.5.1.4 Association Rules. The power to adopt. amend and repeal by majority vote of the Hoard such rules, and regulations as the Association deems reasonable and which are consistent with thie Declaration (the Association Rules). The Association rules shall govern the use of the Common Area by the Owners. families of the Owners. or by an invitee. licensee, lessee or contract purchaser of any Owners provided, however, that the Association rules may not 8iscriminate among Owners and shall not be inconsistent with this Declaration the Articles or eylawe. A copy of the Association rules as they may from time to time be adopted. amended or repealed. shall be mailed or otherwise delivered to each Owner. Upon such mailing or delivery and posting. said Association rules shall have the same force and effect as if they where set forth in and are a part of this Declaration. In tha event of any conflict between such Association rules shall be superseded by the provisions of this Declaration. the Articles or the Bylaws to the extent of any such inconsistency. 4.5.1.5 Emergencv Powers. The Association or any person authorized by the Association may enter upon any Lot in the event of any emergency involving illness or potential danger to life or property or when necessary in connection with any maintenance or construction for which it is responsible. Such entry shall be made with as little inconvenience to the Owners as practicable and any damage caused thereby shall be repaired by the Association. 4.5.1.6 Licenses. Easements an Rights-of-~lav. The power to~ grant and convey to any third party such licenses, easements and rights-of-way in, on or under the Common Area as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment of the Common Area and for the preservation of the health. safety, convenience and welfare of the Owners. for the purpose of constructing, erecting, operating or maintaining ONE SUBDIVISION DECLARATION - 11 133~4~13~3 4.5.1.6.1 Underground lines, cables, wires. conduits and other devices for the transmission of electricity for lighting, heating. power. telephone and other purposes; 4.5.1.6.2 Public sewers, storm drains. water drains and pipes, water systems, sprinkling systems, water, heating and gas linen ar pipes; and 4.5.1.6.3 Any similar public or quasi-public improvements or facilities. The right to grant such licenses, easements and rights-of-way are hereby expressly reserved tv the Association and may be granted at any time prior to twenty-one I21) Years after the death of the individuals executing this declaration. on behalf of the Declarant, and their issue who are in being as of the date hereof. 4.5.2 ~ut_ ies of thg Association. In addition to power delegated to it by the Articles, without 3lmiting the generality thereof, the Association or its agents, if any, shall have the obligation to conduct all business affairs of Gammon interest to all Owners, and to perform each of the following duties: 4.5.2.1 Operation end Maintenance o~ Common Area. Operate. maintain and otherwise manage or provide for the operation, maintenance and management of the Camman Area including the repair and replacement of property damaged yr destroyed by casualty loss and other property acquired by the Association. 4.5.2.2 Haintenance and manaaement of_ Site Retention Ponds. Provide the management for proper operation and maintenance of the storm drain retentlan ponds. Along the nine-mile drain ditch, including weed control and maintenance of any pipe outside the jurisdiction of the Ada County Highway District's maintenance practices. 4.5.2.3 Taxes and Assessments. Pay all real and personal property taxes and assessments separately levied against the Common Area owned and managed by the Association or against the Association and/ox any property owned by the Association. Such taxes and assessments may be contested or compromised by the Association; provided, however, that they are paid or a bond insuring payment is posted prior to the sale or the disposition of any property to satisfy the payment of such taxes. In addition. the Association shall pay all other taxes, federal, state to local. including income to corporate taxes. levied against the Association in the event that the Association is denied the status of a tax exempt corporation, 4.5.2.4 1~~1~t~~e~__~__ andOthsr Utilit es Acguire, provide an~%or pay o3 r water. sewer, garbage disposal. refuse and rubbish collection. electrical. telephone and gas and other necessary services for the Common Area and the property owned or managed by it. 4.5.2.5 ~ns~ranrze~ Obtain from reputable insurance companies authorized to do business in the State of Idaho and maintain in effect the following policies of insurance. 4.5.2.5.1 Comprehensive puhlic liability insurance insuring the Hoard, the Association. the Declara»t and the individual Owners and agents and employees of each of the foregoing against a»y liability incident to the ownership and/or use of the Common Area or their property owned or managed by it. Limits of liability of such coverage shall be as follower not less than Five Hundred Thousand Dollars (S500,000) per person and Five Hundred Thousand Dollars (S500,000) per occurrence with respect to personal injury or death. and property damage. 4.8.2.5.2 Full coverage directors and officers liability insurance with a limit of Two Hundred Fifty Thousand Dollars {$250.000}, if the Board so elects. 4.5.2.5.3 Such other insurance including Workmen's Compensation insurance to the extent necessary to comply with all applicable laws and indemnity, faithful performance, fidelity and other bonds as the Hoard shall deem necessary or required to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or their person charged with the management or possession of any Association funds or other property. 4.5.2.5.4 The Association shall be deemed trustee of the interests of all ?embers of the Association in any insurance proceeds paid to it under such policies. and shall have full power to receive their interests in such proceeds and to deal therewith, 4.5.2.5.5 Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the annual assessments levied by the Association. 4.5.2.5.6 Notwithstanding any other provision herein. the Association shall continuously maintain in effect such other additional casualty flood and liability ONE SUHDIVISION DECLARATION - 13 insurance as the Board deems necessary or appropriate. 4.5.2.6 ule a n Hake, establish. promulgate, amend and repeal the Association rules. 4.5.2.7 Architeotual Committee. Appoint and remove members of the Committee. all subject to the provisions of this Declaration. 4.5.2.8 Drainage Sy~tets. Operate, maintain. repair and replace. all drainage systems located within the Property and spawn on the Plat which are not maintained by public authorities. 4.5.2.9 Right-Of-Wax Haintenance. Maintain, repair and replace the landscaped berm, including the sprinkler system installed thereon, and the fence located on Cherry Lane or any other public right-of-way adjacent to the Property and such other landscaping located within public right~of- way as the Hoard deems necessary to appropriate. 4.5.2.18 Irriaation Maintenance. Maintain. repair replace all irrigation lines or channels located on or serving this subdivision, and to pay ail maintenance and construction fees of any Irrigation District with respect to the Property, which amounts shall be assessed against each Lot as provided herein. 4.5.2.11 Street hts. Maintain, repair and replace street lights within the Property to the extent such street lights are not operated, maintained, repaired and replaced by the Highway District or other governmental entity, which has jurisdiction of such matters. 4.5.2.12 Subdivision A~,pro` val Resnonsibillties. Perform all continuing duties and responsibilities imposed upon the Grantor pursuant to any governmental approvals relating to the Property including. without limitation, those set forth in the preliminary plat approval for the Subdivision. 4.6 Personal Liability. No member of the Soard or any committee of the Association or the Architectural Committee or any officer of the Association, ar the Declarant, ar the manager, if any, shall be personally liable to any Owner, or any other party, including the Association, for any damage. loss ox prejudice suffered ar claimed on the account of any act, omission, error or negligence of the Association, the Board, the manager, if any, or any other representative or employee of the Association, the Declarant or tt~e Architectural Committee, any other committee or any officer of the Association, or the Declarant. provided that such person has, upon the basis of such information as may be possessed by him. acted in goad faith without willful ar intentional misconduct. ONE SUBDIVISIAN DECLARATION ~ 14 r~ ~ ARTICLE V '~. COVEN NT 1.a33~® '~.3as -..--~A ~Q.~ lIAIN'PENAITCE ~~ A$SESSHSt7fiR 5.1 Creation o~ the Lien and Personal Obligation Assessments. Each Awner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed. is deemed to covenant and agree to pay the Association= 5.1.1 Annual regular assessments or charges. 5.1.2 Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided= and 5.1.3 Limited assessments as hereinafter provided. The Regular. Special and Limited assessments. together with interest, coats and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment. together with interest, costs and reasonable attorney' fees shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. 5.2 Purpose of Assessm~~ts. 5.2.1 a ul Assessments. The regular assessments levied by the Association shall be used exclusively to promote the recreation. health. safety and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area. to pay property taxes and other assessments. to pay the annual assessments of any irrigation district and to pay such other reasonable costs and expenses which are incurred by the nssociation in carrying out the duties. and business of the Association. 5.2.2 eci 1 l~ssessments oft ital Improvement. In addition to the annual regular assessments authorized above, the Association may levy. in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whale or in part, costs and expenses of the Association which exceed the regular assessments or the costs and expenses of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area. including fixtures and personal property related thereto, provided that any such assessment shall be approved by a two-thirds (2/3) vote of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Additionally, upon the sale of each Lot by Grantor, the purchaser shall pay a one time special assessment of Thirty and no/100 Dollars {$30.00) per Lot. Such special assessment shall be paid on or before the date of recordation of the deed from Grantor to the purchaser. Grantor. as agent for the Association. ONE SUEDIViSION DECLARATION - 15 shall be entitled to collet assessment at the closing of one-time special assessment organixatianal cost for the costs of operation. ~.3~~t~~~3l9 i t this one-time special the Lot sale. This shall be used to defray Association and general 5.2.3 Lim__,_ited Assessments. The limited assessments may be levied against any owner in an amount equal to he costs and expenses incurred by the Assaciation, including legal fees for corrective action necessitated by such Owner, without limitation, casts and expenses incurred for the repair and replacement of the Common Area ar other property owned ar maintained by the Assaciation, damaged by negligent or willful acts of any Owner or occupant of a Lot Who is occupying the Lot With the consent of such Owner, or for maintenance of landscaping performed by the Association which has not been performed by Owner as provided herein. 5.2.4 Special Assessment far Irriq„atiar~ stem. Declarant shall, within twelve (i2} months of the recording of this declaration, complete installation of dry lines throughout the Project to serve as a water delivery system for pressurized irrigation systems far ultimate delivery of irrigation water to each Lot. Upon the completion of the installation of said dry lines by Declarant and upon that adoption by the City of Meridian of standards and specifications for pressurfxed irrigation systems in residential subdivisions, an appropriate diversion. pump and such other equipment or improvements as are in accordance with that standards and specifications adopted by the City Of Meridian shall be constructed. installed and completed by the Association. The Association shall levy, by action of its Beard of Directors. a Special Assessment for Irrigation System, in a fatal amount adequate to pay far such equipment, improvements and construction. Each Lot in the Pra~ect shall pay an equal partian of that assessment. 5.3 M mum Annual Regular Asge,~asment,_;,, The initial maximum annual regular assessment to be assessed by the Assaciation. shall be Thirty and Ido/100 Dollars 4S30.o0) per Lot per year. 5,3.2 The maximum annual assessment may be increased by the Board each year by not mare than ten percent (20?.) above the maximum assessment for the previous year without a vote of the membership of the Association as provided below. 5.3.2 The maximum annual assessment may be increased above ten percent (20~) by a two-thirds (2/3} vote each class of the members who aze voting in person or by proxy. at a meeting duly called for this purpose. 5.3.3 The Board of Directors of the Association may fix the amount of the annual assessment at an O}iE SUBDIVISION DECLARATION - I6 .-~ ~.33F~0n~.,388 amount not in excess of the maximum as established from time to time. 5.3.4 The total annual regular assessment. levied against the Lots owned by the Declarant. shalt be the lessor of (a} tha amount of the regular assessment per Lot multiplied by the number of lots owned by the Declarant or (b) the difference between the total annual assessment levied against late owned by the other parties, other than the Declarant, and the reasonable axpenditure of the Association for the purposes described in Section 5.2.1 for the fiscal year. 5.4 of ~. 5~.~3d~. ~ ~X yct~.en ll~th ~~ Seatians ;~2.2 ~i5.3. Written notice at any meeting called for the purpose of taking any action authorized under Sections 5.3 and S.4 shall be sent to alt members not less than ten days (30) nor more than fifty (50) days in advance of the meeting. At the First such meeting called. the presence of members or o! proxies entitled to asst sixty percent (b0~) of all the votes of each class of membership shall COAStitute a quorum. If the required quorum is not present. another meeting may be called subject to the same notice requirement. and the required quorum at the subsequent meeting shall be one-half {i/2) of the required quorum at the preceding meeting. Ko such subsequent meeting shall be held more than sixty {60} days following the preceding meeting. 5.5 iform Aate o~ Assessment. Both annual and special assessments must be fixed at a uniform rate for ail Lots and may be collected an an annual or other basis as determined by the Association from time to time. 5.6 ate of Commencement ,Annual Assq,~sments r, ue Dates. TUe annual regular assessments or any special assessments then in effect as provided for herein shall Commence as to a Lot ar Lots on the first day of the first year following the conveyance of the Lot or Lots from Declarant to an Owner or Owners. The Board off Directors shall fix the amount of the annual assessment against each Lot at least thirty (30y days in advance of each annual assessment period. Written notice of the annual assessment shall be sent 5:o every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall. upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. S.7 Effect o€ Non-payment of Assessments Remedies of ~jiq„ A~~ociation. Any assessment not paid within thirty {30) days after the due date shall bear interest from the due date on a rate of twenty-one percent (2i$) per annum or at the highest rate allowed by law if such rate is less than 21~. The Association may bring an action at law against the Owner personally obligated to pay the same. or foreclosure the lien against the property. No Owner may waive or otherwise escape ONE SUBDFVISION DECLARATION - 17 liability for the assessments pravid+~d for herein by »an-use of the Common Area or abandonment of his Lot. ~~36~!•'~.~P~~I 5.8 subordir~~tion ~, t e ~,~ a tgaaes. The lien of the assessments provided for herein shall be subordinate to the lien oP any first mortgage. Bale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage Foreclosure or any proceeding in lieu thereof; shall extinguish the lien of such assessments as to payment which become due prior to such sale or transfer but shall not extinguish personal liability. Ko sale or transfer but shall relievo such Lat from liability for any assessments thereafter becoming due or from the lien thereof. AE2+C~xTECR'IxLQIiL COMNITTF~ 6.1 Members of t e Committee. The Architectural Committee for the Property. sometimes referred to as the "Committee". shall consist of threw (3~ members. The following persons are hereby designed by Declarant as the initial members of the Committee For the Property: Name Nax A Baesiger. Jr Richard D. Boesiger John W. Holland Address 1399 East Monterey Drive Boise. Idaho 83706 131 Williams Boise. Idaho 83706 4720 West Emerald Street Boise, Idaho 8370G Each of said persons shall hold office until such time as he has resigned or has been removed or his successor has been appointed. as provided herein. Members of the Committee may be removed at any time without cause. 5.2 Riaht of Appointment and Removal. At any time. Granter is the Owner of at least one (i) of the Lots. Grantor shall have the right to appoint and remove all members of the Committee. Thereafter the Board of Directors of the Association shall have the power to appoint and remove all members of the Committee. Members of the Committee may be removed at any time. without cause. 6,3 Rev ew of Proposed Construction. The Committee shall consider and act upon any and all proposals of plans and specifications submitted for Its approval pursuant to this Declaration. and perform such other duties as from time to time shall be assigned to it by the Board of the Association, including the inspection of construction in progress to assure its conformance with plans approved by the Committee. The board shall have the power to determine. by rule or their written designation consistent with this Declaration, which types of improvements shall be submitted to the Committee to review and approval. The Committee shall ONN SUk~DiVISI01~ DECLARATION - 18 approve proposals or plena and specifications submitted for its approval only if it deems that the canstructian, alterations or additions contemplated thereby in the ~.a3a~EiQ~'~',3~Q locations indicated will not be detrimental to the appearance of any structure affected thereby will be 1n harmony with the surrounding structures, and that the upkeep and maintenance thereof will not become a burden on the Assoclation~ 6.3.1 CoQditions g,Q Apt~~oyal.r The Committee may condition its approval of proposals or plans and specifications upon such changes therein as 1t deems appropriate. or upon the agreement of the Owner submitting the same ("Applicant") to grant appropriate easements to an Association far the maintenance thereof. upan the agreement o! the Applicant to reimburse the Association for the cost of maintenance. or upan all three, any may require submission of additional plans and specifications or other information before approving or disapproving material submitted. 6.9.2 Committee }tu1e~ an ees The Committee also may establish, from time to time, rules and/or guidelines setting forth procedures for the required content of the applications and plans submitted far approval. Such rules may require a fee to accompany each application far approval, or additional factors which it will take into consideration in reviewing submissions. The Committee shall determine the amount of such fee in a reasonable manner. provided that in no event shall such fee exceed Qne Hundred Dollars {$100.00} Such fees shall be used to defray the costs and expenses of the Committee ox for such other purposes as established by the Board. Suah rules and guidelines may establish, without limitation, procedures, specific rules and regulations regarding design and style elements. landscaping and fences and other structures such as animal enclosures as well as special architectural guidelines appliaabie to Building Lots located adiacent to public and/or private open space. 5.3,3 Detailed Plans. The Committee may require such detail in plans and spec ificatians submitted for its review as it deems proper, including, without limitation. floor plans. landscape plans. drainage plans. elevation drawings and descriptions or samples of exterior material colors. Until receipt by the Committee of any required plans and specifications, the Committee may postpone review of any plan submitted for approval. 6.3.4 Committee Decisions. Decisions of the Committee at~d the reasons therefor shall be transmitted by the Committee to the Applicant at the address set forth in the application for approval within seven (7) days after filing all materials required by the Committee. Any materials submitted pursuant to this Article shall be deemed approved unless written disapproval by the ONE SIfBDTVTSTAN DECLARATION 19 ~~~ Committee shall have been mailed to the Applicant within seven (y) days aster the dato a! the Piling oP said materials with the Cammittee. The said seven (7) day period shall only commence to run when an authorized representative oP the Committee has executed an application s'.orm acknowledging acceptanco oP such application and acknowledging that suah application is complete. 6.4 M~gtinas g.~. ~,j~, Committee. The Cammittee shall meet from time to time asp neaeseary to perform its duties hereunder. The Committee may from time to time by resolution unanimously adopted in writing. designate a Cammittee Representative (who may, but not need be an of its members) to take any action or perform any duties far and on behalf of the Committee. except the granting of variances pursuant to section 6.5. In the absence of suah desigstation, the vote of any two (Zj members of the Committee, or the written consent of any two (Z) members of the Committee taken without a meeting, shall constitute an act of the Cammittee. 6.5 No aver ~ Eu~urs ~nprovals. The approval of the Committee of any proposals or plans and specifications or drawings for any work done or proposed. or in connection with any other matter requiring the approval and consent of the Committee, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals. plans and specifications. drawings or matter whatever subsequently or additionally submitted for approval or consent. 6.6 Comnes~pation of ~ember,~„ The members of the Committee shall receive no compensation for services rendered other than reimbursement for expenses incurred by then in the performance of their duties hereunder and except as otherwise agreed by the 9oard. 6.7 Inspection of Wor Inspection of work and correction of defeats therein. shall proceed as follows, 6.7.i Upon the completion of any work for which approved plans are required under this Article. the Owner shall give written notice of completion to the Committee. ~.7.Z Within sixty (68) days thereafter. the Cammittee ar its duly authorized representative may inspect suah improvement. If the Committee finds that suah work was nut done in substantial compliance with the approved plans. it shall notify the Owner in writing of such non- compliance with such sixty (60) day period, specifying the particular noncompliance. and shall require the Owner to remedy the same. 6.7.3 If for any reason the Committee faits to notify the Owner of any noncompliance within sixty (b0) days after receipt of the written notice of compliance from the Awner, the improvement shall be deemed to be in accordance with the approved plane. ONE SUSOIVISION DRCLARATION - ZO 8.6 ~o ~,~,x ~, Cnmmittee Membsr~s_. Neither the Committee nor any member thareol, nor its duly authorized Committee representative. shall be liable to the Association. or to any gwner or Grantee for any leas, damage ar injury arising out o! or in any way connected with the performance of the Committee's duties hereunder, provided such person has, upon ..he basis o! such information as may be possessed by him, anted in good faith without willful or intentional misconduct. The Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition, solely on the basis of aesthetic considerations and the overall benefit ar detriment which would result in the immediate vicinity and to the Property generally. The Committee shall take rota consideration the aesthetic aspects of the architectural designs. placement of building, landscaping, color schemes. exterior finishes and materials and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan nr design from the standpoint of structural safety or conformance with building or other codes. b.9 V~ria~}ces. The Committee may authorize variances from compliance with any of the architectural provisions of this Declaration or any Supplemental Declaration, including restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such as topography. natural obstructions, hardship, aesthetic or environmental considerations may require. "Such variances must he evidenced in writing, must be signed by at least two (2~ members of the Committee, and shall become effective upon recordation in the gffice of the County Recorder of Ada County. If such variances are granted, no violation of the Restrictions contained in this Declaration or any Supplemental Declaration shall be deemed to have occurred with respect ~o the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or of any Supplemental Declaration for any purpose except as to the particular property and particular provision hereof, covered by the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or of any Supplemental Declaration for any purgase except as to the particular property and particular provision hereof covered by the variance, nor shall it affect in any way the owner's obligation to comply with all governmental laws and regulations affecting his use of the premises, including but not limited to zoning ordinances and Lot set-back lines or requirements impaled by any governmental or municipal authority. ~RTLCLS VIA ~ANId&%ATION OF ~iIZDITIOAAL 7.1 Annexation. Declarant presently intends to develop other neighboring properties and may, in Declarant's discretion. deem it desirable to annex some or all of such other properties to the property covered by this Declaration. ONE SUSDIVTSTON DECLARATION - 21 ~~~~~`~~r~~~ The annexed properties may, at Deciarant's vole discretion, be used and developed for any purpose allowed under appropriate zoning regulations. Such other properties may be annexed to the Property and brought within the provisions aP this Declaration by Declarant, its successors or assign. at any time, and from time to time, without the approval of an Owner. the Association or its Board of Dfreatars provided that the FHA and the VA, or the HUD representatives thereof, determines that the annexation is in aaaordance with the genera]. plan heretofore approved by them As such praperties are developed, Declarant shall, with respect thereto, record a Supplemental Declaration which shall annex such properties to the Property and which may supplement this Declaration with such additional qr different covenants, conditions. restrictions, reservations and easements as Declarant, and FNA and VA. or the HUD representatives thereof, may deem appropriate Ear the other properties ar portions thereof and may delete or eliminate as to such other properties such covenants, conditions, restrictions, reservations and easements as are continues herein which Declarant and FHA and VA, or the HUD representative thereof. deem not appropriate for the other properties. 7.2 Additional Pronertieg; Subject to the provisions of Section 'l.l above. upon the recording of a Supplemental Declaration as to other properties containing the provisions as set Earth in this Section, all provisions contained in this Declaration shall apply to the added properties in the same manner as 1E it were originally covered by this Declaration, subject to such modification, changes and deletions as specifically provided in such Supplemental Declaration. The Grantees of Lots located in the other praperties shall share in the payment of assessments to the Association as provided herein froru and after the rer•ordation of the first deed of a Lot within the added properties from Declarant to an individual purchaser thereof. Z.3 Procedure or Annexation. The additions authorized under Section 7.1 above. shall be made by filing of record a Supplemental Declaration or other similar instrument with respect to the other properties or portion therenfn urhich shall be executed by Declarant of the Owner thereof and shall extend the general plan and scheme of this Declaration. The filing of record of said Supplemental Declaration sha11 constitute and effectuate the annexation of the other properties or portion thereof described therein. and thereupon said other properties of portion thereof sha11 become and constitute a part of the properties, become subject to this Declaration and encompassed within the general plans and scheme of covenants. conditions restrictions, reservations and easements and equitable servitudes contained herein as modified by such Su~rplemental Declaration for such other properties or portion thereof. and become subject to the functions. powers and jurisdiction of the Association, Such Supplemental Declaration may contain such additions, modifications or declarations of the covenants. conditions, restrictions. reservations or easements and equitable servitudes contained in this Declaration as may be deemed toy Declarant and E'HA and VA, or the HUD representatives thereof, desirable to reflect the different ONE SUBD3VISION DECLARATION - 22 ~ ^. 233Ei0~'1.3y~ character, if any, of the other properties or portions thereof or as Declarant and FNA and VA, or the Nt1D representative thereof, may deem appropriate in the development of the properties or portion thereof. B.1 Maintenance g~ ~ ~pe,~nt Aetween Walls ~ Pro»erty ~~,nes. The Association or owner of any iat shall hereby be granted an easement of 5' width on the adgoining properties for the purpose of maintenance of fence and/or landscaping so long as such use does not cause damage to any structure or fence. S. 2 Ot~„ hg~ Hgintenanae Nasemen s. Easements for installations and maintenance of ut111ties and drainage facilities are reserved as shown on the record plat. Within these easements, no structure, planting or other material shall he placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities. or which may change the direction of flow of drainage channels in the easements. or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot and ail improvements in it shall be maintained continuously by the Owner of the Lot. except for these improvements for which a public authority or utility company is resgonsible. A further easements is hereby reserved in favor of the Association for access to and maintenance of any irrigation facilities serving the Common Area. ~~~' ~~~ ~~ PROVIBIOHS 9.1 Enforcement. The Association or any Owner. shall have the right to enforce, by the proceeding at law or in equity. all restrictions, conditions. covenants. reservations liens and charges now or hereafter Imposed by the provisiohs of this Declaration. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 9.2 severity. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. 9.3 iz}~eruretatian. The terms. covenants and conditions hereof are to be read and interpreted consistently and in a manner to protect and promote Property values. 1.4 Term and Amendment. The covenants and :.estrictions of this Declaration shall run with and bind the land, for a ONE SUBDIVISION DECLARATIO~1 - 23 term of twent y ( 24 ) years From. the date this ~3eclar~3a3~roa~~~~~ J retarded, aFter which time they shall ba automatically extended For successive periods of tan (~.0) years unless an instrument signed by seventy-five perten~ (7510 of the then Owners aF the Lacs has been retarded, agreeing to change said covenants in whale or in part. This Declaration may be amended, restated, replaced, terminated or superseded during the First twenty (24} year period by an instrument singed by the President and Secretary aT the Association affirming that such amendment was approved by two-thirds (2/3) of the Owners of the Lots anvsred by this Declaration or by an instrument signed by two-thirds (2/3) o! the Lot owners provided,, however, that if Grantor is still the Owner of any Lots the provisions of Article VI may not be amended without the written consent and vote o! the Grantor. IN WITNESS WHEREOF. the undersigned, being the Declarant herein,. ~h;~a/s~,~h~ereunto set its hand and seal this _ /lam day o#.~n~7"""`.' ~ • 1992, ,r..~.. ti . . ,~ ti ~ ~~ w ~ ~ ..... t ~~ ~ ~ G 1 y '~' . ~ r*f ~" ~ iaK i ,~ . . s~,nT~ .off xD~HO ) County of Ada gs. Hax A. Soesiger. Int., an Id o Corporat n By ax A. Soesiger Jr. Pr nn this l~~` day of ~,~~~~~ 1991. before me the undersigned. a Notary Public in and for said State, personally appeared HA8 A. HOE9IGER JR. known or' identified to me to be the President of Max A. Soesiger. Tnc., the person who executed the instxument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hexeunto set my hand and affixed my official seal. the day and yeax in this certificate Fixst above written. a '' ~ 4 ,,,' ~ ~ S Notary Public for ho '~ °•- a~ u t ''' Residing at Boise, Idaho ''' °~° e ~ My Commission Expires: o ~ ~~~~ ~'` J q 4~ ~ ~. • `~,~ +~~ • E ONE SUBDIVISION DECLARATION - 24 ~i213'Ip0 .; BUPPLI3M$NTAL D$CLARATION OF aa: c~ :x,r~~, i ~. roR .~,~ ~. aav~a rr~~aRRo RECORaER 8Y ~~ '92 LIAR 5 P(~ N 23. CoVBNANTS, CONDITIONS AND R138T1tICTIONB POR Q~ SUBDIVISION .. ~ ~ (Annexation of One Subdivision tit) ~•a~~J®~~25~ This Supplement 1 Declaration ("t3uppletsent") is stade effective as of the ~~ day of ~1dyx.G~_~ ~ 1992, by MAX A. B06SIp$R. CNC., an Idaho corporation. or . "Declarant," and shall be incorporated Into and supplement that certain Declaration of Covenants, Conditions and Restrictions for One Subdtvtaion -Phase 1. recorded as Instrument No. 9152521, records of Ada County, as to the Phase 2 Property hereby covered as described below. ARTICLE I. r~ GENERAL l.i Property Covered. Grantor/Declarant is the Owner for the real property in the County of Ada, State of Idaho, describe asi One Subdivision ~2, a portion of the S.W. 114 of the S.E. i/4, Sea. 2, T.3 N., R.1 W. B.M., Meridian. Ada County. Idaho, according to the official plat thereof recorded as Instrument No. 915~5,~0. records of Ada County. Idaho. ("Phase Property" and "Phase x Lots" as to the lots therein). 1.2 Purpose. The purpose of this Supplemental Declaration is to annex the Phase 2 Property to the Property covered by the Declaration, and to include the Owners of Phase 2 Lats in the Association. 1.3 Annex~ti,Qn. tirantor, pursuant to the provisions of Article VIII of the Declaration, does hereby annex the Phase 2 Property to the Property covered by the Declaration and said Phase 2 Property hereby becomes subiect to the . Declaration and encompassed within the general plans and scheme of covenants, conditions. restrictions, and reservations of easements and equitable servitudes and ether terms and conditions therein, excegt as otherwise specified herein. Unless otherwise provided. all defined terms as contained in the Declaration shall have the same meaning in this Supplement as are applicable to the Declaration. 1.5 A~s,so at o M_embershin. Article IV genera! and Section 4.2 specifically, is :,ereby supplemented to provide that each Owner of a Phase 2 Lat shall be a member of the CRYSYAL SPRiNQS HOMEOWNERS ASSOCIATION. ~.38~-~~~~G~ ARTICI.H I1 firantor hereby declares that the Phase 2 property, and each l.ot, parcel. or portion hereaf, is and shall be held, said, conveyed, encumbered, hypothecated, leased. used, occupied and itrproved sub3ect to the Declaration, as supplemented hereunder, and the restrictions, covenants, listitations, conditions ad equitable servitudes contained therein, all of which are declared and agreed to 6e in #urtherance of a general plan for the protection, aaintenance, subdivision, improvestent and sale of the Phase 2 property, or any lot, parcel or portion thereof. and to enhance the value, desirability and attractiveness of the Property. The covenants, conditions and restrictions set forth in the Declaration, as supplemented hereunder, shall run with the land (described as the Property including the Phase 2 Property), and each estate therein and shall be binding upon all persons having or acquiring any right, title or interest in the property, including the Phase 2 Property, or any l.ot, parcel or portion hereof shall inure to the benefit of and be binding upon Grantor. its successors in interest and each Grantee and his respective successors in interest, and may be enforced by Grantor, by any Grantee or Owner or his successors in interest, or by the Association as described in the Reclaratian. ART C CI..E I I I SUFPLE11~Ii=NTS ND AlODIFICATIONS 3.1 P ~t,0onditions. Article i, 5ectton 1.~9 is hereby supplemented to provide that "Plat" as the Phase 2 property shall refer to the recorded plat of One Subdivision N®, 2. All conditions of the Piat are hereby incorporated herein by reference and notice is hereby given of the sa~ae. IN WITNESS WHEREOF, the Grantor has executed and acknowledged this Supplemental Declaration effective as of the day and year first written above. iiAK A HOESIGER, IN . an Idaho Corporation Hy I1ax A. Boesiger 7r., Presid''„nE ____ r~ ~ w STATE OP IDAHO ) ss. • County of Ada ) On this ~ day of ,~ ~ Iqg'~" before me the undersigned, a Notary Public in and for said State, personally appeared iiAR A. BOS3ICi8R IR.. known or identified to me to be the President of Max A. Hoesiger Inc., the corporation that executed the instruuent or the person aho executed the instrument on behalf of said corporation. and acknoaledged to me that such corporation executed the ease. IN BIITNESS WHEREOF. I have hereunto set my hand and affixed ray official seal. the dam' and year in his certificate first above written .l Notary Public i'~x Idaho Residing at Boi e, Idaho 6[y Comatission Expires~,~l _- - ~ • ~ '.i279'i?.`t o~ .~,. .~~ 7~ ~. , ~,~ 92G7 >'l2 pp ~ rnp o~?c~r,~ a~. ~. t~ i.) °92 NQI~ ~.7 P~1 3 ®~ i~llzsT ,~~~~I~~al~r~x"92 0~~ ~ fl~ ~ 1~ xQ x~~ R~CI.At3ATIt)N O~ Cgil1:NAPdTS° C.QtdDxTIOt~5 ANI~ It~ST&t1t;TIOM3 Ft4)!i Ors ~eronavar~t~ia This First Antendmesnt to th+L Declaration of Ctyvettants° Conditions and itestrictions for gtxe Subdivision Plxases 1 and 2, (the "Declaration"), is made eF:ective this lUth day of Septembar° 9,992. ~.Fs C ~. ~ ~".-. L 3 Titis €'irst Amendment to ttse 13eclaratian is wade mi. tin reference to the follo~ring: On September 19, 149I, the Declaration mas recorded as Instrument Nan,~9152521, oft'icial records of Acla Gouttty, Id alga. the real property covered by the Declaration is sles~,t'i~Pd asa Lats i-14o BAac~ !;, Lots I-27, IBloct` 3; I.ot 3~ I.3„ EIoc~. A of CJ1Vlr 5L1Y3DTViST~Ciid Phases 1 and ~. On P~apcix 5, A99~2° the f3eclaxaYion qas supixleeented try ~t'ee Supplemental Aeclat'atbon os~ Covenants° Couzdttions. a~td ltnttrictions i'or One ;~uL~~Pfv~sionq Phase 2° recorded as xlstrum>~nt AFs.''c213A4fl„ ofii.eial Tecor~ls of ~i.da Cvtasttyp lda3~o„ ~hti pus,p+~se oY taxis StsppPes~ental 33eclaxatiotx rra;: to anrcea t3ae ;f'l::.cf; 2 Praisca tar to tins l~ro~erty cover'wx§ by Y3ne• De4larat3axx, a r•3~.t to inLlude tine corners ~s$ Plxsse Z lots in tAne ~s54clratiot•~. Get .i~nn,m i7, #492, t5 >useet#r: (t of tl'ee rae~abeYsnY ttxe C.;yst:;i Sp'rlrn~s rias:eu~r.:xr"s Asao'ctat.on rras Bneld. Tine ><su;rbes . l ;ot~:s m9 i asa t As~e tsf tf)?; ~eetite~ e~txs l4t~t tinR 'settq~rr Uf ..; c c: s css 2 !~ :'avor ai i1;c am::tncl>aer t gas ?"L~ axad tine ~x>In;a~urs t,. :~c~t+<:+ ca>it aq;:lnst t:::; arasrs€le;~:nt was ~. :ins:,:, maee thaw ~;t13-:!clyds a~f inn ~~~•r4+~~•s r!r alxe Icnts eoves2d itgr line 1.•t:.l.dta:lc~ea str~~rt3°tr'i~ ea~is A~pr>:r~~?,trbli. ' P~~~;:, ehtir~#:~ra, s;.~~, ~±tnt: 2,~;~Y f.i;~ ~~;s tt>;2: ;;c•~rorr~ t.. .., t, s~ i rl~::' 3J :: i' ~ it x'c'1t ~{):. .`u ~': E'.OSi!~C! .~FI t6'9 ~' :}~ ;•Zf; f .1 . ~i:j8 .%'s1r'r: 1.t's:7~}: _ ?I"IL -%~'£:~=?S3,k!3Yf A~ g~ zf.'+" it(~ y i . :1. 1 ~/. Jr•;t:~'.. ^;tL'....'?? Vii. ~, 17i .I: .,. Dili s,'t a i ~, ,. Tid ®1'INl?SS ~'iiSRBQF, th® undersf~ned Presfdenta and 4iecretary aY the Crystal BPringg Qir-fficavner's Aaaaclatlan has e~tcecuted the above First Aesendsaent to the Declaratlaxs effective the day and year first above stiffen. Cit'~3TAL SPRI1~iQS Rt39i&tlltfNER'S AS OCIA7~'IOkJ, IFiC. t ~ A. Oaeai~er; )r. i're d at AI"I1rS? s O t3an Linzy. Sec ~t CER'1'i IGFt~~ , AC11;1V~'Lly'DtR te'p' S7*t# 1'lw OF I1DAH0 ) )ss. CauS~ty 3f Ada 1 On thf s ~'~' day of Sep~teuber, 192, be9are the a~+rs ~•ra a gtned, a Woi ary P'nbl ic, pcrsanal ly aF~eared RaR ~-. :)c~~fftet'~ Yt• ar~d Dan I!. Linty, $t1a~9t ar idetatified to ee ;v lti•:• slte Plealde[~t send Secretmry, :espeatfcelly, of file ~:arssa*stfon that. escecutpd this 3nstrcen+ar~e s~tad aekaaoekedgecl to a~. ghat ss~cb cvsrroratfan exeeutrd the ease. !fd ~::~'R1RSS ~H~110Qks 1 fsa~re h,~reesatta set up hsnd ar~~9 ,Faris*se# ~~y afticial spa}. ties eta+,~ anci year first above 1trS: i~fa. yF~gbS6gAYdp6~y® ,~ 0C7 c~wa d y .r'' a w i T ° X GI :.. J .a ~ ;~ a ~ ~i r i;e;:ir}}rte uS i:3vnsr: c..., ~~°? ~;filXi~..10.°.i+r~'d ~°7~9wa•r•~ i_;=~e3a ~,~~ ~ ~ ~p ~ ~".~D ~' Noveaaber 1 ~' ~ 14~?2 fi~82'9 Sii~d~Fffi7?, ~i~~ It i~L96~~, 6g6 ~~7`®3 tai ~~~•~~,a 7Che pur~pc~se for aewrecar8iu~ thAc docuuent v-ax that the .wctuaA scot ion i'ra~~ the C. ~. ~ R.'s to br a,ai t ted o~as nat Asr~eridec! at the buttau uA gee first isage. ;rincereAYe aiaa A. Bne ~~~ suer. Ir. President. ~laA 1~. ~oesiger. inc. ' fiat .i~ J d"3 Z~~~ ~; "~~. ~~ ~..: .. ,. _ ~rl~icn --,.. IDi\HO ~ti~ ~r_„ i SINLE ~eo3 MAYOR Tammy de Wcerd CI"IY COUNCII. MEMBEKS Keith Bird Joseph W. Borton Charles NI. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 /fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678 /fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-22].1 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 /fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 /fax 884-7159 August 25, 2006 RE: Application for the operation of a Family Day Care for six or fewer children located at 2060 N. Sparkling Place. To Wham It May Concern: This letter is to inform you that Lana Hope requested approval to operate a Family Day Care for six or fewer children out of her home at 2060 N. Sparkling Place, Meridian, Idaho. You are invited to submit comments, either for or against this request. All comments must be filed with the Planning Director within 15 days after the date of this letter and should be addressed to Planning Director, City of Meridian, c/o Kristy Vigil, Assistant City Planner, 660 E. Watertower Ln., Ste. 202, Meridian, Idaho. Sincerely, R ~ E ~~~~.. ; ~ ~nsty vigil for Anna Borchers Canning, AICP Planning Director CH'Y HALL 33 EAST IDAI30 AVENUE IVIEIZIDIAN, IDAHO 83642 (208) 888-4433 C[TYCLPRK-FAX888-4218 FINANCE&U'IILITYB[LLING-PAX 887-4813 MAYOR'SOFPICP-PAX 884-8119 Printed on recycled paper Z }~) ¢ TANA ~ GLENNFIELD w JANELLE ~S~/ w 0~~~ P KINGSWOOD S,9 ti~ ~~~G 2~~ ~O '~.Q~sT~ SANDAL-WOOD O~c\_iLASNER O ti JEFFERY \ HENDRICKS 2~J ~Q~ Z OHO ~/ Y ~~~~\~ O a J ~ G -- D Z { ~ n O A ~ m MISTY ~ m m RAINFALL / J .J Q LL( w ~ REBECCA w RAINWATER -- - - --- ; -- ------ w __ N CHERRY a LEROY y ~ SONOMA LUCERNE m O Lana Hope Day Care Provider N 75 150 300 450 600 Feet KriSty Vigil From: Knsty Vigil Sent: Thursday, August 24, 2006 10:17 AM To: Kenny Bowers Subject: Inspections Hi Kenny, Please contact: Jodie Bill at 887-1430 for an in-home daycare for 6 or fewer children at 141 W. Anton Street Lana Hope at 855-2113 for an in-home daycare for 6 or fewer children at 2060 N. Sparkling PI. Thanks and have a great day, Kristy i /` _ „r _. , -.; _ e't14~rc~~ ;., ~;;~, Planning Department ADMII~IISTRATIVE REVIEW APPLICATION Type of Review Requested (check all that apply) f~Accessory Use ^ Alternative Compliance ^ Certificate of Zoning Compliance ^ Conditional Use Permit Minor Modification ^ Design Review ^ Property Boundary Adjustment ^ Short Plat ^ Temporary Use Certificate of Zoning Compliance ^ Time Extension (Director) ^ Vacation ^ Other Information Applicant name: STAFF USE ONLY: File number(s): _ ~ ~^ ~ ~Q ~~~ Project nam~e/: `~~ Date filed: b ~~0 Da~te-c/omplete: ~~~ .Assigned Planner: ~t ~1yX ~L~t ( r Related files: _ ~ ~~ Phone: _~ ~ _ _ Applicant address: ~~~ ~ ~ ~'~t~i.~.~ f ~ ~ Zip: Applicant's interest in property: Own ^ Rent ^ Optioned ^ Other Owner name: IWI~I r lGlXl'`~i ~ Yl Phone: ' Z~ ~ ( 3 Owner address: ~~ ~CX7 N r ~r~(1 {~IO,~ ~ Zip: ~ "~-~tlJ ~T~? Agent name (e.g., architect, engineer, developer, representative): ~ -Q. ~tc~.-~ Firm name: '~' Phone: Address: Primary contact is: ~ plicant ^ O er ^ Agent ^ Other Contact name:) E-mail: ~ ('~ ~~ f'~ I ~0 ~~`~/ ~7A.~ - ~'tv 7'L Phone: y ~ f ~,~ Fax: °- Information Location/street address: Assessor's parcel number(s): ~ los cUB~ O 22 D~ `~`' 28 2 ~` C7C, ~j Cj~ D Township, range, section: 2 ~~ Total acreage: ' ~ Gll~/J Current land use: ~s1 ~jg~ Current zoning district: ~,~ Zip: ~~f ~`--~ 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 Project/subdivision name: description of zoning district(s): Acres of each zone proposed: ~J Type of use proposed (check all that apply): Residential ^ Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? (~ ~ rr ~ `~ Primary irrigation source: `' Secondary: _ Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is city water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. gazage): Proposed building height: Minimum property size (s.f): Average property size (s.f.): GiOSS density (DU/acre-total land): Net density (DU/acre-excluding roads & alleys): Percentage of open space provided: Acreage of open space: Percentage of useable open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ^Sfngle-family ^ Townhomes ^ Duplexes ^Multf-family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor azea proposed: Existing (if applicable): Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of pazking spaces provided: Number of compact spaces provided: Authorization Print applicant name: Applicant signature: Date: -~~ f-1=.~ 660 E. Waterto er ane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 /'1 Narrative: 8/ 15/2006 Lana Hope would like to be approved to have an in-home Child Day Care. Allowing a maximum of six children cared for during the day. She has applied for a child care license and a background check as required. She has also contacted the Fire Department and Central District Health for a house inspection. The back yard is fully fenced by a wooden six foot fence. Her home is a very safe, fun and loving place to be. °~ationwide Title Clearing ~ X100 Alt. 19 North PaZzet Harbor, FL 34683 Telephone: (727) 771-4000 Fax: (727) 771-4001 12/30/200! ~~ ~J - NATHAN M HOPE 2060 N. SPARKLING PL. MERIDIAN, ID 83642 RE: Loan #: 0605416809 Name: NATHAN M. HOPE AND LAMA M. HOPE Addr: 2060 N. SPARKLING PL. MERIDIAN, ID 83642 Dear Homeowner; Enclosed is your recorded Satisfaction or Release of Mortgage. Please retain the enclosed document for your records. Thank you for doing business with Washington Mutual Bank, FA (908) Sincerely, Customer Service Representative Nationwide Title Clearing for Washington Mutual Bank, FA (908) File Loc: OuS4683`8``5u5 RWMBVH 0605416809 {gI~NI~IN~UINIII~i~IN~~ilill WMBVH SCS725753 Itrab.pp3 l'~, When recorded return to: Nationwide Title Clearing 2100 Alt. 19 North Palm Harbor, FL 34683 Loan Number: 0605416$09 SUBSTITUTION OF TRUSTEE ADA COUNTY~IRDER J. DAVID NAVARRO AMOUNT 3.00 BOISE IDAHO .~~~U05 09:51 AM DEPUTY 1Ccki Allen ~~~~ RECORDED-REQUEST OF Nationwide Title Clearing 19515243? WHEREAS, NATHAN M. HOPE AND LANA M. HOPE was the original Trustor, ALLIANCE TITLE AND ESCROW CORP. was the original Trustee, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. was the original Beneficiary under that certain Deed of Trust datec~.01/21/2003 in ADA County, ID under Doc No: 103014084 // or Book page for the property located in ADA Idaho. WHEREAS, the undersigned Beneficiary is the present Beneficiary under said Deed of Trust and WHEREAS, the undersigned desires to substitute a new trustee under said Deed of Trust as listed above, in place and stead of said original Trustee thereunder. NOTICE IS HEREBY GIVEN that R.DAVID BUTLER II is hereby appointed Successor Trustee under said Deed of .Trust. THIS 15TH DAY OF NOVEMBER IN THE YEAR .2005 MORTGAGE ELECTRONIC REGISTRATION .SYSTEMS, INC. AS NOMINEE FOR WATERMARK FINANCIAL P RS, INC. BY: CRYSTAL MOORE VICE PRESIDENT STATE OF FLORIDA COUNTY OF PINELLAS On THIS 15TH DAY OF NOVEMBER IN THE YEAR 2005 personally appeared before me, MARIA LEONOR GERHOLDT who being by me duly sworn did say, that s/he, the said CRYSTAL MOORE is the VICE PRESIDENT of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR WATERMARK FINANCIAL PARTNERS, INC. that the within and foregoing instrument was signed in behalf of said corporation by authority of a resolution of its board of Directors, and said CRYSTAL MOORE duly acknowledge to me that said corporation executed the same and that the seal affixed is the seal of the corporation. ~, nwt-~- l.~on-oK «~r~a.ar Ndaty Pu6tlc 3~Ee of Florida L't ~1 ~ ~, tom, ~. 2009 MARIA LEONOR GERHOLDT ~• ~~i Notary Public/Commission expires 05/26/2009 ~ t~)~2.~ss~ WMBVH 4858324 CJ68658'T 1002033-0000013455-$ MERS PHONE 1-888-679-MERS forml/RCNIDI r`1 ,dhen recorded return to: Nationwide Title Clearing 2100 Alt. 19 North Palm Harbor, FL 34683 Loan Number: 0605416809 DEED OF RECONVEYANCE ADA COUNT'~ORDER J. DAVID NAVARRO AMOUNT 3.00 i BOISE IDAHO ,uu1105 09:51 AM DEPUTY lOcki Allen RECORDED-REQUEST OF 1651r~t4 J1 Nationwide Tille Clearing WHEREAS, NATHAN M. HOPE AND LANA M. HOPE was the original Trustor, ALLIANCE TITLE AND ESCROW CORP. was the original Trustee, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. was the original Beneficiary under that certain Deed of Trust dated 01/21/2003 in ADA County, ID under Doc No: 103014084 ~ or Book page for the property located in ADA ,.Idaho. WHEREAS, R. DAVID BUTLER II, as Successor Trustee under said Deed of Trust; pursuant to a written request of the Beneficiary thereunder, does hereby reconvey, without warranty, to the person or persons entitled thereto, the trust property now he~3p~"''~ s Trustee und~;~. the above Deed of Trust. Dated this{~¢~~~ ,.~~~ ,20 r _ Trustee Rl DA'~V B B 0 8 9 STATE OF OREGON COUNTY OF MALHE ,'. -' This instrument was acknowledged before me on `~ ~`"~ by R ~~, DAVID BUTLER II 4 '> " OFFICIAL SEAL MEf.ISSA A. HASSEhBACH Notary Publ1C .~ NOTARY PUBLIC-gREGgN COMMISSION N0.360319 ` ''II ` MY COMMISSION EXPIRES AUG. 13, 2006 II~~I~~~I~"~'~'~'~IpI1~~~~~~~II~I~'~~I~~~~ WMBVH 4858324 CJ686587 1002033-0000013455-8 MERS PHONE 1-$88-679-MERS forml/RCNI h ~ AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) ,~ ~~'~ ~ ~ ame) ,~ address) ~~~~.~~~ (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: .~ (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this r~. ~ ~ day of ~' ~' ` ~ 2p _ l /~? ~_ ~J (Si afore) SUBSCRIBED AND SWORN to before me the day and year first above written .,,• ~~ E. BLq ••,, ~, ~ ~ ~ -------. ^ ~4 •.•• '• ,'~,~ '•,~ (Notary Public for Idaho) . ~ t NOTgR t G y . # ; ~. ~ S Z ~ Residing at: ~ 2 t ~ ~L r r~ ~ ~~ %v ~ ~•. AUB LtG ~•' '* ~ ~ ~. .• s ~, G, lz 1, ~° ~ My Commission Ex ires: 0 p __ '•aun~•~•`' ~ N ~ ~ ~ ~ s ~ . ~a ~~ z 1",y N ad z z_ o ~ ~ 1 t ~ ~~ ~ ~~ ~~~ '' ~ = v 0• • • o • o i 1 a A ~ w Z ¢ ~ m o~ ~ i ~ I ~ ~ ~ ~ ~~ s ~~ ~~ a ~ ~ ~ Q n ~~ ~~ ~~ ~~ ~~ ~~ ~ ~ ~ ~ ~_ a ~ F ~ >i CC a ., ~ ¢ ~ t- r Q ~ S . 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' ~ i i -, ~ $~ i ~~ ~~~ ~ _ }per/ . a i ~ ~ ~ o v N ti~ 1 1 ~\ ~ ~ ~ ~ ~~ ~ ~ ~ ~ i ~ ~ ~ ~ ~ - ~ ~ -._., ~~ ~ ~ ~~ ~ $ ~ ,~ K ~ ~~ ~~,~ ! ~ ~ ~ >< w N V 1 ~toc ~ .~__._ '_ O O ~ '~ e- I ~ ~ ~. y ., ~` ~ O } 1 iri i $ h S a4a~ ~ ) ~ f ~~ ~ N i~ ~~ I ` { 1 ~~' ~ ~ .~ ~~}cc ~ -~ ~ i 0 ~~ 5~ §~ f ~ ~ ~ ~ e ~ m~ I i ? _ m ~' i ~ ~ ~ ~ -- ~ j ~ ~ / a~ + ! /~ } ~ ' ~' i ~ i rV as 1 Mo-,sz ~ State of Idaho ~ DEPARTMENT OF HEALTH AI,.,INELFARE APPLICATION FOR BASIC DAY CARE LICENSE OR CERTIFfCATiON TYPE: (check one) Basic Day Care Center License (13 or more children) Group Day Care Facility License (7 to 12 children) _~,_ Day Care Home License (6 or fewer children) Certified Group Day Care Facility (7 to 12 children) I, ~ ,hereby apply for a Basic Day Care License or Certification (indicate ab in accordance with Idaho Code 39-1101. 1 understand that my facility must comply with all applicable health and fire standards and all owners, operators, employees and volunteers and all other Individuals twelve (12) years of age or older having unsupervised direct contact with children in care shall have criminal history check. Criminal backnround Shankc nr, Ali ~-„~„rid„alc , -nder the age of eighteen (18) years of age shah in lurla a _check of the Juvernle Juste Records of Adiur~ir~tinng of the Mayj9 r ate D~~ision of the District e an elfare recnrdc ac a. y~ minor and his parent or O~!ardian There shal be no additional flee charfle~far this aimina~ background check. There shall alro be a chec~ Of the stA+ev.;de child abuse register reg~djng all o the at~~ Ilan OersOns "VOlunteers" when ,sari ~~ this chapter shall mean oniv ~~ po.~ons :.'ho have direct unsuoennsed contact wrth chtldren in care for more than twelve (]~) hours in anv one month Applicant's name (please print) _ L0.11t'10u M 0.1( i~ '~'~p ~ j Applic:an#'s Social Security number Name of Facility ~,, C.p~..~,,, Address of Facility ~ • j City, state, & zip Mexi ~1.i ah 1Da{no 83t~~(o Telephone Number - Name of Operator ~---~''~a Name of Employees Duties r-- ._- (Add another sheet for more names.) Name of Volunteers Duties •- .- (Atltl another-sheet for more names.) The Department of Health and Welfare will process your application upon receipt of the necessary reports from the Health Department, the Fire Department and the Criminal Identfication Bureau. Si ture , ~~ Date Hw-a~a3 Rev. 11/94 '"~ ~ STANDARDS FOR DAY CARE FACILITIES STATEMENT OF COMPLIANCE UDC 11-4-3.9: Day Caze Facility A. General standards for all child day care and adult caze uses, including the classifications of day care center; day caze, family; and day care, group: 1. In determining the type of day care facility, the total number of children cared for during the day and not the number of children at the facility at one time, is the determining factor. The operator's children are excluded from the number. 2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge and pickup of clients. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. 4. The applicant or owner shall secure and maintain a Basic Day Care License from the State of Idaho Department of Health and Welfare-Family and Children's Services Division. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between 6:00 a.m. to 11:00 p.m. This standazd may be modified through approval of a Conditional Use Permit. B. Additional standazds for day care facilities that serve children: 1. All outdoor play azeas shall be completely enclosed by minimum six-foot (6') non-scalable fence to secure against exibentry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the Building Code in accord with Title 10 of the Meridian City Municipal Code. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 3. Outdoor play azeas in residential districts adjacent to an existing residence shall not be used after dusk. Certification: I have read and understand the above standards for operation of a day care facility and certify that I will conduct my business in accordance with these standards. If I cannot meet these standards, I am not allowed this accessory use. ~~ ~ ~~ v Applicant's Signa Date: ~ r STANDARDS FOR HOME OCCUPATIONS STATEMENT OF COMPLIANCE UDC 11-4-3.21: Home Occupation: The following standards apply to all home occupation uses with the exception that strict adherence to the standards contained in sections 11-4-3.21B, 11-4-3.21C, 11-4-3.21E, and 11-4-3.21F in the TN-C and TN-R Districts is not required: A. In no way shall the home occupation cause the premises to differ from its residential character in the appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical interference. B. The home occupation shall be conducted entirely in the dwelling, and not more than twenty-five percent (25%) of the gross floor area of said dwelling shall be used for a home occupation or for storing goods associated with the home occupation. Materials may be stored in an attached garage or storage area, provided it shall not reduce the required off-street parking below the standard established for that district. C. No activity connected to the home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed in any detached accessory structure. D. The home occupation shall not involve the use of more than one (1) commercial vehicle. E. The home occupation shall not have more than two (2) out-going pickups per day from a common carrier. F. The home occupation shall be conducted by the inhabitants of the dwelling, and no more than one (1) nonresident employee shall be permitted. G. The home occupation shall not serve as a headquarters or main office where employees come to the site and are dispatched to other locations. H. No retail sales shall be permitted from the dwelling except the sale of a) services or items produced or fabricated on the premises as a result of the home occupation; or b) products related to the home occupation. I. Off-street parking shall be provided as Section 11-3C-6 of this Title, in addition to the required off-street parking for the dwelling. All visits by clients, customers, and/or employees shall occur between the hours of 8:00 a.m. and 8:00 p.m. Certification: I have read and understand the above standards for the operation of a home occupation and certify that I will conduct my business in accordance with these standards. If I cannot meet these standards, I am not allowed this accessory use. Applicant's Signa e: ~~~ ~ Date: ~~~~'t c~tr~1~~ ~1 '. .;, ~ , Planning Department ACCESSORY USE ^ Application Checklist Pro'ect name: File #: A licant/a ent: All applications are required to contain one copy of the following: Applicant Description Staff Com leted & si ed Administrative Review A lication „~.- Narrative full describin the ro osed re uest - Recorded warran deed for the subject ro e Affidavit of Legal Interest signed & notarized by the property owner (If owner is a corporafion, submit a of the Articles of Inco ration or other evidence to show that the n si is an authorized ent. / Scaled vicinity map showing the location of the subject property (can be obtained from the Plannin D artment Scaled or dimensioned site plan showing the boundaries of the property, floor plan of house, area intended for accesso use, and arkin and and areas. -~' Fee Additional Re uirements for Da Care A lications Include the following additional information in the narrative: - The total number of children ro osed to be cared for durin the da Include fencin details on the site lan location, a of fence - A copy of your application for a Basic Day Care License from the State of Idaho Department of Health &Welfare-Family and Children's Services Division. (A copy ofyour license is r aired to be submitted to the Plannin D t. when ou receive it from the State. ---- Standards for Da Care Facilities, Statement of Com Hance form si ed b a licant - Additional Re uirements for Home Occu ation A lications ~/ Standards for Home Occu ations, Statement of Com Hance form si ed b a licant ---~ THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. ~ ~~ 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org CITY OF PY1G~l~17 33 E. Idaho Ave. ti Meridian, ID 83642 Date ~ rte. Applicant b Address ~~~C/V N _ t Phone " !/1 ~~ CASH C~ NAME ON CHECK IF DIFFERENT THAN APPLICANT I i i ~® I I i 1 _ 1' l vWi~ .!f`~Y'~/ I I I I I i I 1 I I I I I I ~I I I" I I I I I I I PAYMENT DOES NOT INDICATE ACCEPTANCE OF APPLICATION TAX I 8 8 ~ ~ Received V y TOTAL 2 , ~~ 55748 e.lfL~/L~ ~~ll/,G ~-i ~ '' ~ ~~~. C11 ~ ~~. T cc~ ~I^^ V J ~' N p tp i d~ n X99 s .: ~. C A ~~ .' ~~ ~,o ~~~ >:. QR.r i Dcq~N ~'~.Q h ~OC`b ~`O ~cO O !. O ~~CN>N ~+~~~ C~ I I i" 1 I ,~ I 1 I i o i ~ 8 O ° ~ ~~ omo o ~Oma ,~^ ~a~ c Uu ~V Q ~~~ U~ z FANA MENDRIGKS- I~ 9p~~~ E ~pG ~S~ ~ CHERRY ~ ~ RADIUS NOTICE REPORT FILE NAME: Lana 24-Aug-2006 Owners Owner Address BE ATHY EVIN L 2310 W SANDALWOOD DR B AT S PH IE J MERIDIAN, ID 83642-1273 Property Address: Lana ALVE SON MA E 2032 N GLENNFIELD PL A V SON RI J MERIDIAN, ID 83642-0000 Property Address: Lana AHAD DENI R 2061 N NYBORG WAY MERIDIAN, ID 83642-0000 Property Address: Lana BARLOW CLARK F 2325 W SANDALWOOD DR ~`BARLOW BARBARA Y MERIDIAN, ID 83646-0000 Property Address: Lana ~EUS CYNTHIA 2045 N GLENNFIELD WAY EUS LYNN A MERIDIAN, ID 83642-0000 Property Address: Lana BL BARB EE 523 W HAZEL ST CALDWELL, ID 83605-4783 Property Address: Lana ES M v " I 2050 N ASTAIRE WAY MERIDIAN, ID 83642-0000 Property Address: Lana B ~ DOUGL 1991 N SPARKLING PL B G RA E D MERIDIAN, ID 83642-0000 Property Address: Lana ~BRANSON THOMAS A 2067 N GLENNFIELD WAY MERIDIAN, ID 83642-0000 Property Address: Lana 1 /\ __ Owners BR AW Property Address: HA ON Property Address: CANO WILL J & CA AIDA Property Address: CASAD JOHN B ~" CASAD VIVIAN L Property Address: OLL S M A J Property Address: RIST S EN MICH & ST EI CO E Property Address: CROO S ONALD RO KS LIE Property Address: DAMS SANDRA K & DAMS TERRY L Property Address: D ES LOUIS D S ANI K Property Address: DONOV HARD W & D O AN V LERIE Property Address: Owner Address 2039 N NYBORG WAY MERIDIAN, ID 83642-0000 Lana 1989 N WATERFALL AVE MERIDIAN, ID 83642-3822 Lana 2070 N GLENNFIELD PL MERIDIAN, ID 83642-0000 Lana 2385 W SANDALWOOD DR MERIDIAN, ID 83642-0000 Lana 1984 KRISTEN WAY MERIDIAN, ID 83646-0000 Lana 2018 N GLENNFIELD PL MERIDIAN, ID 83642-3828 Lana 1948 N SPARKLING PL MERIDIAN, ID 83642-0000 Lana 2052 N SPARKLING PL MERIDIAN, ID 83642-0000 Lana 2265 W SANDALWOOD DR MERIDIAN, ID 83642-1260 Lana 2110 N GLENNFIELD WAY MERIDIAN, ID 83642-1282 Lana 2 -- --- Owners Owner Address _- - - _ - -_ _ __ _- ~OPE THERESA 2065 N SPARKLING PL MERIDIAN, ID 83642-0000 Property Address: Lana RAPE RICHA RIA 1996 KRISTEN WAY RAP R AM A S MERIDIAN, ID 83642-0000 Property Address: Lana F GEL X D 2045 N ASTAIRE WAY FL E A A M MERIDIAN, ID 83642-0000 Property Address: Lana LE WAINE JR & 4960 W CLASSIC DR L TICI MERIDIAN, ID 83642-0000 Property Address: Lana. E G 1962 N SPARKLING PL MERIDIAN, ID 83642-3826 Property Address: Lana HOPE NATHAN M 2060 N SPARKLING PL HOPE LANA M MERIDIAN, ID 83642-0000 Property Address: Lana JOHNSON ANDREA L 2355 W SANDALWOOD DR JOHNSON GREGORY L MERIDIAN, ID 83642-0000 Property Address: Lana .,,/ KAUFUSI FAUNITENI I 2049 N SPARKLING PL /1~ KALIFUSI KAREN K MERIDIAN, ID 83642-0000 Property Address: Lana AR COR Y # v 1922 KRISTEN WAY MERIDIAN, ID 83642-0000 Property Address: Lana LEWIS GARY LAVON & 2295 W SANDALWOOD DR LEWIS KAY ALENE MERIDIAN, ID 83642-1260 Property Address: Lana 3 Owners BA O LORI A OB W ~ J Property Address: L E B Property Address: RBL EITH & A E IC JO Property Address: CGOVE MICHA CGOV C E Property Address: PATTERS B T ATTE ON C ST A Property Addres PETE O PAU & RSO L RA E Property Address: PIPER DEBORAH S PIPER LARRY D Pro erty Addres• PRESZ R S RON Property Address: / ROTMAN AARON ROTMANSHARLENE Property Address: HREINE CA H CHRE R MAR ARE Property Address: n Owner Address 2086 LEANN WAY MERIDIAN, ID 83642-0000 2002 KRISTEN WAY MERIDIAN, ID 83642-0000 2080 N ASTAIRE WAY MERIDIAN, ID 83642-1275 2065 N ASTAIRE WAY MERIDIAN, ID 83642-0000 1986 N SPARKLING PL MERIDIAN, ID 83642-0000 2033 N NYBORG WAY MERIDIAN, ID 83642-1262 2018 N WATERFALL PL MERIDIAN, ID 83642-0000 2275 W SANDALWOOD DR MERIDIAN, ID 83642-1260 2305 W SANDALWOOD DR MERIDIAN, ID 83642-0000 2085 N ASTAIRE WAY MERIDIAN, ID 83642-0000 Lana Lana Lana Lana Lana Lana Lana Lana Lana Lana 4