CZC_14-101_Sawtooth_Village_ApartmentsCERTIFICATE OF ZONING COMPLIANCE
REPORT
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DATE: November 3, 2014
TO: Mary Murphy, TS Development
FROM: Sonya Watters, Associate City Planner
SUBJECT: Sawtooth Village Apartments - CZC-14-101 and DES -14-086
OWNER: TS Development LLC
DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Maty Murphy, TS Development LLC, requests Certificate of Zoning
Compliance (CZC) and Design Review (DES) approval of a multi -family 4-plex development
consisting of 84 residential dwelling units in 21 buildings and a clubhouse on 6.12 acres of land
in an R-15 zoning district. A clubhouse, swimming pool, playground, barbeque area with picnic
tables, walking paths, and an open grassy area are proposed as amenities for this development.
The site is located at 1405 W. McMillan Road.
DECISION
The applicant's request for Certificate of Zoning Compliance and Design Review is approved
with the conditions listed in this report.
Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to
verify if you need a building permit andlor inspection. If you do need a building permit, you
must complete that process before you commence the use or construction. Please contact
Building Services for additional details about building permits and inspections.
General Conditions of Approval
1. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All
street lights shall be installed at developer's expense. Final design shall be submitted as
part of the development plan set for approval. Applicant shall also include the location
of any existing street lights in the development plan set. Street lighting is required at
intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in
the Standards. The contractor's work and materials shall conform to the ISPWC and the
City of Meridian Supplemental Specifications to the ISPWC.
Site Conditions of Approval
1. The applicant shall construct all proposed fencing and/or any fencing required by the
UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B.
2. Per Council's approval, the applicant shall not be required to tile the following irrigation
facility: Lemp Canal. The applicant shall tile all other irrigation facilities as set forth in
UDC 11 -3A -6A.
3. Prior to issuance of Certificate of Occupancy, the applicant shall close the existing
Conditions Document I Sawtooth Village Apartments - CZC-14-101 and DES -14-086
access to the arterial and/or collector roadway asset forth in UDC 11 -3A -3A. Access to
this subdivision is restricted to those access points approved by City Council and allowed by
ACRD with the preliminary plat for this site.
4. Prior to issuance of Certificate of Occupancy, the applicant shall remove or relocate any
existing structures that do not conform to setbacks and/or use in the zone.
Process Conditions of Approval
1. No signs are approved with this application. Prior to installing any signs on the property,
the applicant shall submit a sign permit application consistent with the standards in
UDC Chapter 3 Article D and receive approval for such signs.
2. The applicant shall complete all improvements related to public life, safety, and health
as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other
improvements in accord with UDC 11 -5C -3C.
3. Upon installation of the landscaping and prior to inspection by Planning Division staff,
the applicant shall provide a written certificate of completion as set forth in UDC 11-
3B -14A.
4. The site plan prepared by Aspen Engineers on August 19, 2013, labeled Sheet SP -1, is
approved as shown in Exhibit B.
5. The landscape plan prepared by Harvest Design on August 19, 2013, labeled Sheet L1.0,
is approved as shown in Exhibit C,
6. The elevations prepared by Zodiac Professional Drafting Service on August 27, 2014,
labeled Sheets A2.0 & CH -A2.0, are as shown in Exhibit D.
7. The approved site plan, landscape plan and/or elevations may not be altered without
prior written approval of the City of Meridian Planning Division.
8. The applicant shall pay any applicable impact fees prior to the issuance of a building
permit.
9. If any changes must be made to the site plan to accommodate ACHD requirements, the
applicant shall submit a new site plan to the City of Meridian Planning Division for
approval prior to issuance of the building permit.
to. The applicant shall complete all required improvements prior to issuance of a Certificate
of Occupancy. It is unlawful to use or occupy any building or structure until the
Building Official has issued a Certificate of Occupancy.
Ongoing Conditions of Approval
I. The applicant and/or assigns shall have the continuing obligation to provide irrigation
that meets the standards as set forth in UDC 11-313-6 and to install and maintain all
landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14.
2. The applicant shall comply with the outdoor storage as an accessory use standards as set
forth in UDC 11-3A-14.
3. The project is subject to all current City of Meridian ordinances and previous conditions
of approval associated with this site (AZ -13-010; CUP -13-010; PP -13-022; FP -14-010).
4, The issuance of this CZC does not release the applicant from any previous requirements
of the other permits issued for the site.
5. The applicant and/or property owner shall have an ongoing obligation to prune all trees
to a minimum height of six feet above the ground or sidewalk surface to afford greater
visibility of the area.
6. The applicant shall have an ongoing obligation to maintain all pathways.
Conditions Document 2 Sawtooth Village Apartments - CZC-14-101 and DES -14-086
7. The applicant has a continuing obligation to comply with the outdoor lighting provisions
as set forth in UDC 11-3A-11.
8. The applicant and/or property owner shall have an ongoing obligation to maintain all
landscaping and constructed features within the clear vision triangle consistent with the
standards in UDC 11-3A-3.
9. The applicant and/or assigns shall have the continuing obligation to meet the specific
use standards for the proposed use as set forth in UDC 11-4-3-27.
CITY COUNCIL REVIEW
The applicant or a party of record may request City Council review of a decision of the
Director. All requests for review shall be filed in writing with the Planning Division on or
before November 6, 2014, within fifteen (15) days after the written decision is issued, and
contain the information listed in UDC 11 -5A -6B.
If City Council review of the decision is not requested, the action of the Director represents a
final decision on a land use application. You have the right to request a regulatory taking
analysis under Idaho Code 67-8003.
EXPIRATION
Certificates of Zoning Compliance issued in conjunction with construction or alteration of a
structure shall expire if the construction or alteration has not commenced within one year of the
date of issuance of the Certificate of Zoning Compliance.
In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until
November 3, 2015.
EXHIBITS
A. Vicinity Map
B. Site Plan (dated: August 19, 2013)
C. Landscape Plan (dated: August 19, 2013)
D. Elevations (dated: August 27, 2014)
Conditions Document 3 Sawtooth Village Apartments - CZC-14-101 and DES -14-086
A. Vicinity Map
Conditions Document 4 Sawtooth Village Apartments - CZC-14-101 and DES -14-086
B. Site Plan (dated: August 19, 2013)
SITE PLAN DRAWING FOR THE ",,.,g.. Cyt�yge• ""'
SAWTOOTH VILLAGE / McLINDER SUBDIVISION_�_�-
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LOCATED IN A PORTION OfTHE NW 1l4 OFTHE NW 1/4
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Conditions Document 5 Sawtooth Village Apartments - CZC-14-101 and DES -14-086
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Conditions Document 6 Sawtooth Village Apartments - CZ.0-14-101 and DES -14-086
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Conditions Document 7 Sawtooth Village Apartments - CZC-14-101 and DES -14-086
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Conditions Document 7 Sawtooth Village Apartments - CZC-14-101 and DES -14-086
C. Landscape Plan (dated: August 19, 2013)
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Conditions Document 8 Sawtooth Village Apartments - CZC-J 4-101 and DES -14.086
R Elevations (dated:August z7 2014)
R. SIDE EUVATION
A. ME EUVAMON
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Conditions Doca 9 __ _+a _»-c a«m and DES -14-086
REAR ELEVATION
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R. SIDE ELEVATION
FRONT ELEVATION
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Conditions Document 10 Sawtooth Village Apartments - CZC-14-101 and DFS -14-086
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WEST ELEVATION
SOUTH ELEVATION
Conditions Document I I Sawtooth Village Apartments - CZC-l4-101 and DES -14-086
26 ga. steel decking/trim
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Conditions Document 12 Sawtooth Village Apartments -CZC-14-101and DES -14-086
C��E IDIZ IAN,-
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ECEIVE
OCT 13 2014
Planning Division
DEVELOPMENT REVIEW APPLICATION
STAFF USE ONLY:
Projectname: -,-PJ f ,'Ji
Filenumber(s)• LZC— q — DES -14—O Sb -
Assigned Planner: - Related files:
of Review
all that
❑ Accessory Use
❑ Administrative Design Review
❑ Alternative Compliance
❑ Annexation 4rtd Zoning
,❑ Certificate of Zoning Compliance
❑ Comprehensive Plan Map Amendment
❑ Comprehensive Plan Text Amendment
❑ Conditional Use Permit
❑ Conditional Use Modification
Director/Commission (circle one)
❑ Development Agreement Modification
❑ Final Plat
❑ Final Plat Modification
❑ Planned Unit Development
❑ Preliminary Plat
❑ Private Street
❑ Property Boundary Adjustment
❑ Rezone
❑ Short Plat
❑ Time Extension:
Director/ Commission/Council (circle one)
❑ UDC Text Amendment
❑ Vacation:
Director/ Council (circle one)
❑ Variance
❑j Other Design Review
Applicant Information
Applicant name: TS Development LLC Affn: Mary Murphy Phone: 208.258.8364
Applicant address: 4202 N. Marcliff Avenue
City: Boise
Email: marybmurphy@ymail.com
State: ID Zip: 83704
Applicant's interest in property: ❑+ Own ❑ Rent ❑ Optioned ❑ Other
Owner name: Same
Owner address: Email:
City: State: _
Phone:
Zip:
Agent/Contact name (e.g., architectengineer, developer, representative): Riley
Firm name: Riley Planning Services LLC Phone: 208.908.1609
Owner address: P.O. Box 405
City: Boise
Primary contact is: ❑+ Applicant ❑+ Owner ❑ Agent/Contact
Email: rileyplanning@gmail.com
State: ID Zip: 83701
Subject Property Information
Location/street address: 1405 W. McMillan Road Township, range, section: 4N 1 W 36
Assessor's parcel number(s): currently SO436223401 and SU436223441 Total acreage: 6.12 Zoning district: R-15
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.ineridimcity.org/planniiig
_t- (Rev. 0611212014)
Project/subdivision name: McLinder Subdivision
General description of proposed projecttrequest: Multi -family development with 84 units in 21 buildings
Proposed zoning district(s): N/A
Acres of each zone. proposed: N/A
Type of use proposed (check all that apply):
El Residential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial ❑ Other
Who will own & maintain the pressurized irrigation system in this development? Settler's Irrigation District
Which irrigation district does this property lie within? Settler's Irrigation District
Primary irrigation source: Settler's Canal Secondary: Domestic water
Square footage of landscaped areas to be irrigated (ifprimary or secondary point of connection is City water): +1- 142.000; 3.25 acres
Residential Project Summary (if applicable)
Number of residential units: 84 Number of building lots: 21
Number of common lots: 2 Number of other lots: N/A
Proposed number of dwelling units (for multi -family developments only):
1 bedroom: N/A 2-3 bedrooms: 84 4 or more bedrooms: N/A
Minimum square footage of structure (excl. garage): 3660 Maximum building height: —28 H
Minimum property size (s.f): 9625 sq If Average property size (s.f.): 9787
Gross density (Per UDC ll -IA -1): 13.07/A Net density (Per UDC ll -IA -1): 13.73/A
Acreage of qualified open space: +/-1.4 Acres Percentage of qualified open space: —23%
Type and calculations of qualified open space provided in acres (Per UDC 11-36-313):
Already approved with CUP -13-010
Amenities provided with this development (if applicable): See above
Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse
❑ Duplex ❑+ Multi -family ❑ Vertically Integrated ❑ Other
Non-residential Project Summary (if applicable)
Number of building lots: Common lots: Other lots:
Gross floor area proposed:
Hours of operation (days and hours): _
Total number of parking spaces provided:
Authorization
Print applicant name:
Applicant signature: _
Existing (if applicable):
Building height:
Number of compact spaces provided:
SEWIW
Date:
Community Development ■ Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fac: 208-888-6854 www.meridiancitv.org/planning
-2- (Rev. 06/12/2014)
RILEY PLANNING SERVICES LLC
- Due Diligence - Land Use Planning -
October 13, 2014
Ms. Sonja Watters, Associate City Planner
City of Meridian Planning Department
33 E. Broadway
Meridian, ID 83642
RE: SAWTOOTH VILLAGE / McLINDER SUBDIVISION Na 1
CERTIFICATE OF ZONING COMPLIANCE
DESIGN REVIEW
Dear Ms. Watters:
On behalf of TS Development, please accept the enclosed Certificate of Zoning Compliance
Application and Design Review Application for the Multi -Family portion of Sawtooth Village
at McMillan Road and Linder Road.
A hard copy of the recorded McLinder Subdivision N. 1 Final Plat is included along with a full
size copies of the Pressure Irrigation Plan and the Conceptual Engineering Plans, for your
convenience.
CERTIFICATE OF ZONING COMPLIANCE
McLinder Subdivision No. 1 has been approved by the City of Meridian via PP -13-022 and FF -
14 -010. The site was annexed and zoned through AZ -13-010, and Sawtooth Village was
approved with CUP -13-010. The applicant has complied with all conditions of approval of
these applications.
The CZC Application Checklist is attached. The applicant is not proposing any light fixtures
with a maximum output in excess of 1,800 lumens. A 6 -foot cedar fence will be constructed as
indicated on the Landscape Plan to match the existing cedar fencing. A disc with this
application includes electronic copies of the Site Plan, Landscape Plan, and Building
Elevations, and the recorded final Plat.
DESIGN REVIEW
SITE CHARACTER
Sawtooth Village within McLinder Subdivision No. 1 is located at the southeast corner of
Linder Road and McMillan Road. Linder Road is classified as a Principal Arterial and
McMillan Road is classified as a Minor Arterial. As detailed in the Conditional Use Permit
Application, the multi -family element of Sawtooth Village is located in the interior to serve as a
'stepping up' transitional use between the existing detached single family to the south and east of
the site and the future neighborhood commercial uses planned for the site abutting these higher
classification roadways. Although transit is not currently available to serve this site, the
developments proximity to this intersection makes it an ideal candidate for a future transit stop.
- P.O. Box 405 - Boise, ID 83701 -
Office (208) 908-1609 - E-mail: rileyplanningsenrices@yahoo.com
Page 2 of 3
As a area located between urban and suburban development patterns in Meridian, Sawtooth
Village will meet the character indicated in the Design Manual for a transitional land use. The
Development Character of Sawtooth Village provides both pedestrian -friendly and automobile -
accommodating elements within a medium density horizontally oriented mixed use
development. The C -N component of Sawtooth Village will be completed in the future.
ARCHTECfURALCHARACTER
Architectural elements will link the multi -family and future commercial development through
similar architectural accents, color and finished, and use of cultured stone. The residential
carports will use 24 gage metal Kynar 500 parapet caps on the residential carports and will be
carried through to the future commercial development to provide cohesion and unify the
different elements of Sawtooth Village.
With generous amenities within the residential area and generous landscaping treatment planned
for the future commercial development, the site character will exhibit an emphasis on quality
with a focus on the resident and future customers of the commercial development.
The design and scale of the four-plex buildings will blend with the adjacent residential areas
and provide privacy for the residents. The structures use appropriate variation in wall and roof
planes to generate visual variety and interest.
The building provide a'single family feel' with only one entrance per side. Private patio areas
are screened with cedar fencing and softened with landscaping. Mechanical units will be
screened with fencing and/or landscaping. Colors will be interesting but subdued to blend with
the neighborhood and reflect the Sawtooth Village marketing theme. A color board is included
with the application materials.
SITE ORIENTATION, LAYOUT AND ACCESS CONNECTIVITY
The multi -family development layout is designed to be a community. The common areas,
clubhouse and amenities are located generally within the southeast comer of the site away from
the future commercial development and area loosely clustered to foster interaction between
residents.
The network of public road accesses, drive isles and sidewalks provides well organized access
to all areas of the multi -family development. Parking is distributed throughout the site to create
a balanced relationship between the parking and the residential buildings.
OPEN SPACE
The open spaces and amenities for the multi -family development are located to encourage
pedestrian access and organized to provide multiple activity spaces in close proximity.
Generous placement of trees in the southeast comer of the site will create an attractive park like
area with complementary uses near by.
• P.O. Box 405 • Boise, ID 83701
Office (208) 908-1609 • E-mail: rtleyplanningservices(ayahoo.com
Page 3 of 3
Sawtooth Village is designed to be distinctive and complementary to the neighborhood. The
applicant believes that this development will be an asset to the City of Meridian.
Please do not hesitate to contact me if you have questions.
Best regards,
RILEY PLANNING SERVICES LLC
Penelope Rilej, Principal
• P.O. Box 405 - Boise, ID 83701
• Office (208) 908-1609 - E-mail: rileyplanningseruices@yahoo.com
Order No.: A0432959
WARRANTY DEED
FOR VALUE RECEIVED,
BRIAN L. ENGLISH and MARGARETHA M. ENGLISH, HUSBAND AND WIFE
The Grantor(s), do(es) hereby grant, argain sell and convey unto
DTE FOUR, LLC
whose current address is 4202 N. MARCLIFFE AVE., BOISE, ID 83704
the Grantee(s), the following described premises, in Ada County, Idaho, TO WIT:
SEE ATTACHED EXHIBIT "A" WHICH BY THIS "FERENCE BECOMES A PART
HEREOF AND IS COMPRISED OF ONE (1) PAGE.
bj ( TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and
assigns forever. And the said Grantor(s) do(es) hereby covenant to and with the said Gramee(s), that (s)he Ware the
lfo o� owner(s) in fee shnple of said premises; that they arc tce from all encumbrances EXCEPT those to which this
conveyance is expressly made subject and those made, suffered or done by the Gramm(s); and subject to all existing
y15, patent reservations, casements, right(s) of way, protective covenants, zoning ordinances, and applicable building
h, codes, laws and regulations, general taxes and assessments, including irrigation and utility easements (if any) for the
�y current year, which are not due and payable, and that Gmnlor(s) will warrant and defend the same from all lawful
claims whatsoever.
W
lc-
c- 169 LY'�
STATE OF IDAHO
COUNTY OF ADA
ON THIS 29TH OF APRIL , 2005, BEFORE ME, THE UNDERSIGNED, A NOTARY
PUBLIC PERSONALLY APPEARED ,BRIAN L. ENGLISH, MARGARETHA M. ENGLISH,
KNOWN TO ME OR PROVEN TO ME ON THE BASIS OF SATISFACTORY EVIDENCE
TO BE THE PERSON(S) WHOSE NAME(S) ARE SUBSCRIBED TO THE WITHIN
INUMENT AND O LED D TO ME THAT THEY EXECUTED THE SAME.
TARA M. CLIFFORD ,+ �
NOTARY PUBLIC ���¢ , J •o'f'i�':
RESIDING AT: MERIDIAN r I c
MY COMMISSION EXPIRES:
06/18/10 ? Z)
(SEAL) ...'�
ADA COUNTY RECORDER J. DAVID NAVARRO 2
BOISE IDAHO 07115104 04:67 PM
DEPUTY Bonnie Oberbillig
RECORDED
O ED -REQUEST OFTitle
WOUNI 6.00 1844898
54
Order No.: A0320723 J tk ! CA
WARRANTY DEED
FOR VALUE RECEIVED,
/married
JOHN R. EBBINGHAUS, SR., AS HIS SEPARATE PROPERTY
The Grantor(s), do(es) hereby grant, bargain sell and convey unto
TS DEVELOPMENT, LLC
7W6_.
whose current address is 4202N. MARCLIFFE BOISE, IDAHO 83704
the Grantee(s), the following described premises, in Ada County, Idaho, TO WIT:
SEE ATTACHED EXHIBIT "A"
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and
assigns forever. And the said Grantor(s) do(es) hereby covenant to and with the said Grantee(s), that (s)he is/are the
owner(s) in fee simple of said premises; that they are free from all encumbrances EXCEPT: Subject to all existing
patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building
codes, laws and regulations, general taxes and assessments, including irrigation and utility easements (if any) for the
current year, which are not due and payable,
and that Gramor(s) will warrant and defend the same from all lawful claims whatsoever.
Dated: 07/01/04
STATE OF IDAHO
COUNTY OF ADA
ON THIS 1 ST OF JULY , 2004, BEFORE ME, THE UNDERSIGNED, A NOTARY
PUBLIC PERSONALLY APPEARED ,JOHN R. EBBINGHAUS, SR.,, KNOWN TO ME OR
PROVEN TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE
PERSON(S) WHOSE NAME(S), RE SUBSCRIBED TO THE WITHIN INSTRUMENT
AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME.
t . _
A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36,
TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST,
BOISE MERIDIAN, ADA COUNTY, IDAHO;THENCE
SOUTH 89°41' EAST ALONG THE SECTION LINE 977.11 FEET TO A POINT; THENCE
SOUTH 11°26' WEST 437.82 FEET TO A STEEL PIN; THENCE
NORTH 89°41' WEST 890.32 FEET TO A POINT ON THE SECTION LINE; THENCE
NORTH ALONG THE SAID SECTION LINE 429.62 FEET TO THE POINT OF BEGINNING.
EXCEPT A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36,
TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST,
BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE
SOUTH 89°41' EAST 812.11 FEET ALONG THE SECTION LINE TO THE POINT OF BEGINNING; THENCE
CONTINUING
SOUTH 89°41' EAST 165 FEET; THENCE
SOUTH 11°26' WEST 437.82 FEET TO A STEEL PIN; THENCE
NORTH 89°41' WEST 78.21 FEET TO A POINT; THENCE
NORTH 429.62 FEET TO THE PLACE OF BEGINNING.
) O�
�B 7/Klo�
(A0320723. PFD/A0320723/22)
RECORDING REQUESTED BY AND
WHEN RECORDED. MAIL TO:
'DIOMAS M. BEVAN, JR.
4202 MARCLIFFE
BoIsE, ID 83704
(SPACE ABOVE LME FOR RECORDER=sUSE)
QUIT CLAIM DEED
g. e.
THis DEED, made by DTE Four, LLC, by and through its managing member, Tom Bevan, GRANTOR, of
Ada County, State of Idaho, for the purpose of transferring ownership of the below described real property into a
Homeowners' Association, and with other good and valuable consideration, the receipt of which is hereby
acknowledged, do hereby grant, bargain, sell, quit claim, and convey unto TS Development, LLC, GRANTEE,
the following real property.
This deed is expressly subject to any and all taxes, dues, and assessments, including irrigation charges and
assessments, levied and assessed against said premises from and after the date of the Grantee's acquisition of the
subject property.
SAID REAL PROPERTY also more readily known or referred to as: 4650 N. Linder Road, Ada County, State
of Idaho, with all improvements thereon, an area of approximately five (5) acres, more or less.
THEREFORE, for valuable consideration received, Grantor hereby quitclaims, transfers, and conveys to
Grantee its entire, undivided interest in the above-described real property in Ada County, Idaho. b -
IN WITNESS WHEREOF, Grantor has hereunto subscribedtheir name to this instrument this 3o day
of; 2005. . _.m ✓ /
DTE
BY: T6M BEV , 7ANAGINGMEMBER
STATE OF IDAHO )
SS.
COUNTY OF ADA )
On this ,,�2 day of 2005, before me, the undersigned Notary Public in and for said
State, personally appeared Torr! Bevan, represented tome as the duly authorized representative for DTE Four,
LLC, as Grantor, known or identified to me to be the person who executed said within instrument, and
acknowledged to me that said person executed the same.
IN WITNESS WIihUOF, I have hereunto sem
this certificate fist omwV,,
0 8
4�yT�.....N'0
s�0avo
seal the day and year in
"LIC, State of Idaho
at��ldlp�� Idaho
ion expires:
QUIT CLAIM DEED - PAGE I
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
COUNTY OF ADA
TS De�E2pfmc�lC �k. b�:
I, I ti-0M0.s M 17EVA 1�?/1 t�Zol tJ, tMA2c.LtF1"-r
(name) (address)
(city)
being first duly sworn upon, oath, depose and say:
2>0A_41� 1
(state)
1. That I am the record owner of the property described on the attached, and I grant my
permission to:
YGJE%� f�l(evf J4,Y
(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. 1 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).
4.
Dated this 12-` day of
20 14
(Signature)
SUBSCRIBED AND SWORN to before me the day and year fust abooveti4ritten.
'••���LOPE R� �'•1y, (Notary Public/for Idaho)
0 ,;'OTUp
AR� •�, L ,•a', Residing at: �l-j 6i
PUB L G = My Commission Expires: -3h
t •' : i
s� ••. ••• O 0�
84,1120111
Community Development ■ Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.orp/planuffia
817
Annual Report for W 31643
Page 1 of 1
http://Www.sos.idaho.govlservletITransfonnXMLDoc?URL=%u5C20130515%5CXMLPO... 7/23/2013
2• Registered Agent and Address
No. W 31643
Due no later than Jul 31, 2013
Annual Report Form
(No Box)
Return to:
SUSSAA N K BEVAN
SECRETARY OF STATE
4202 N MARCLIFFE
1. Mailing Address- C rest in This bux if needed.
700 WEST JEFFERSONBOISE
T S DEVELOPMENT, L.L.C.
ID 83704
PO BOX 83720
THOMAS M BEVAN
BOISE, ID 83720-0080
4202 N MARCLIFFE
3. New Registered Agent Signature: -
BOISE ID 83704
NO FILING FEE IF
USA
RECEA ED BY DUE DATE
4. limited Liability Companies: Enter Names and Addresses of at least one Member or Manager.
Office Held Name Street or PO Address _
City. State Country
..
Postal Code
_.._.....I
_
_...._ .... _._... .. ..... __. .. _
MEMBER THOMAS M BEVAN, III 4830 CHEVELLE DR.
BILLINGS MT USA
59106
MEMBER MARY B MURPHY 605 E. 18TH ST.
BURLEY ID USA
83318
MEMBER THOMAS M BEVAN JR 4202 N MARCLIFFE
BOISE ID USA
83704
MEMBER SUSAN K BEVAN 4202 N MARCLIFFE
BOISE ID USA
83704
5. Organized Under the Laws of:
6. Annual Report must be signed.*
ID
Signature: Thomas Bevan
Date: 05/15/2013
W 31643
Name (type or print): Thomas Bevan
Title: Member
Processed 05/15/2013 * Electronically provided signatures are accepted as original signatures.
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Address; 7405 W MCFMLLAN RD; MERIDIAN, ID 83646 _
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ADA COUNTY RECORDER Christopher D. Rich 2014-075147
BOISE IDAHO Pgs=43 VICTORIA BAILEY 0 911 51201 4 12:42 PM
TS DEVELOPMENT LLC AMOUNT:$136.00
IIIIIIIIIIIIII IIIIIIIIIII 1111111 III III II II1111111
00021343201400751470430437
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
,l1
THIS DECLARATION is made effective as of the 15 day of September, 2014, by T S
Development, L.L.C. an Idaho limited liability company ("Grantor") All capitalized terms not
otherwise defined in the text hereof are defined in Article 3.
ARTICLE 1 - RECITALS
A. Grantor, T S Development, L.L.C, is the owner of certain real property in Ada
County, State of Idaho, more particularly described on Exhibit "A" attached hereto and by this
reference incorporated herein. The described parcel of real property is hereinafter referred to as
the "Property".
B. Grantor desires to impose upon Property certain protective covenants, conditions,
restriction, reservations, easements, diens and charges for the benefit of the Property and all
present and subsequent owners thereof, and all conveyances of Property or any part thereof shall
be subject to this Declaration.
NOW, THEREFORE, Grantor hereby imposes upon Property the following
easements, conditions, covenants, restriction and reservations which shall run with Property and
be binding upon all parties now or hereafter having any right, title or interest therein or to any
part thereof, and shall inure to the benefit of each owner thereof.
ARTICLE 2 - DECLARATION
Grantor declares that the Property shall be held, sold, conveyed, encumbered,
hypothecated, leased, used, occupied, and improved subject to the following terms, covenants,
conditions, 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 or any Lot therein, and to enhance the value, desirability, and attractiveness of the
Property. The terms, covenants, conditions, easements, and restrictions set forth herein:
2.1. shall run with the land constituting the Property, and with each estate
therein, and shall be binding upon all persons having or acquiring any right, title, or interest in
the Property or any Lot, parcel, or portion thereof;
2.2. shall inure to the benefit of every Lot, parcel, or portion of the Property
and any interest therein; and
2.3. shall inure to the benefit of, and be binding upon, Grantor, Grantor's
successors in interest, and each grantee or Owner, and such grantee's or Owner's respective
successors in interest, and may be enforced by Grantor, by any Owner, or such Owner's
successors in interest, or by the Association as hereinafter described.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. I Page 1 of 43
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 prevent
normal construction activities during the construction of any improvement upon any Lot, nor
Grantor's right to maintain model homes, construction, sales, or leasing offices, or similar
facilities (temporary or otherwise) on any portion of the Property, including the Common Area
or any public right-of-way, nor Grantor's right to post signs incidental to construction, sales, or
leasing, nor Grantor's right to modify plans for the Property, all in accordance with any
necessary approvals of the City. No development or construction activities shall be deemed to
constitute a nuisance or violation of this Declaration or any Supplemental Declaration by reason
of dust, noise, presence of vehicles or construction machinery, erection of temporary structures,
posting of signs or similar activities. In the event any dispute concerning the foregoing shall
arise, a temporary waiver of the applicable provision(s) of this Declaration and/or Supplemental
Declaration may be granted by the Architectural Control Committee provided that such waiver
shall be for a reasonable period of time. Any such waiver need not be recorded and shall not
constitute an amendment of this Declaration.
ARTICLE 3 - DEFINITIONS
As used in this Master Declaration, unless the context otherwise specifies or requires, the
following words and phrases shall be defined as follows:
"Architectural Control Committee" Architectural Control Cornmittee shall mean the
committee created by the Grantor or the Association pursuant to Article 14 herein.
"Articles" Articles shall mean the Articles of incorporation of the Association.
"Assessments" Assessments shall mean those payments, fines, and assessments required
of Owners or other Association Members, including Regular, Special, and Limited Assessments
of the Association as further defined in this Declaration.
"Association" Association shall mean the Idaho for profit or non-profit corporation,
and
the
its successors and assigns, established by Grantor to exercise the powers and to carry o
duties set forth in this Declaration. Grantor shall have the power, in its discretion, to name the
Association the "McLinder Subdivision Residential Pro erhl Owners Association Inc." or any
similar name which fairly reflects its purpose.
"Association Rules" Association Rules shall mean those rules and regulations
promulgated by the Association governing conduct upon and use of the Property under the
jurisdiction or control of the Association, governing the imposition of fines and forfeitures for
gulations, and procedural matters for use in the conduct of
violation of Association Rules and re
business of the Association.
"Board" Board shall mean the duly elected and qualified Board of Directors of the
Association.
"Buildings" Shall mean any dwelling unit, house, garage, or any other partially or fully
enclosed building, shed, or other structure, consisting of one or more walls or roof. A building
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. I Page 2 of 43
includes sheds, animal enclosure which have a partial or full roof impervious to water in whole
or in part, and similar structures.
"Bylaws" Bylaws shall mean the duly enacted Bylaws of the Association, including any
amendments thereto.
"Common Area" Common Area shall mean all real property and Improvements
thereon in which the Association holds an interest or which is held or maintained, permanently or
temporarily, for the common use, enjoyment, and benefit of the entire Subdivision and each
Owner therein, and shall include, without limitation, all such parcels that are designated as
private streets or drives, common open spaces, common landscaped areas, waterways,
recreational facilities, pools, clubhouses, and playground equipment. The Common Area may be
established from time to time by Grantor on any portion of the Property by describing it on a
Plat, by granting or reserving it in a deed or other instrument, or by designating it pursuant to this
Declaration. The Common Area may include easement and/or license rights.
"Common Facilities" Common Facilities shall mean and refer to those physical
improvements constructed by Grantor upon Common Area or upon utility easements over each
Lot including, without limitation, benches, bridges, walkways, pedestrian paths and bicycle
paths, street lights, drainage facilities, streams, waterfalls, waterways, clubhouses, playground
equipment, and swimming pools. Common Facilities shall include the pressurized irrigation
system (including the master valve controller, its wires and, multiple lot controllers) unless and
until it, or any portion thereof is conveyed to the Association; it being the specific intent of the
Grantor that the pressurized irrigation system shall be installed by the Grantor and shall be
conveyed to the Irrigation District, together with an easement over each Lot and Common Area
for the installation, operation and maintenance of the system by the Irrigation District.
"Declaration" Declaration shall mean this Declaration as it may be amended from time
to time.
"Design Standards" Design Standards shall mean the construction standards and
guidelines approved by the Architectural Control Committee.
"Grantor" Grantor shall mean T S Development, L.L.C., an Idaho limited liability
company, and its successors in interest, or any person or entity to whom the rights under this
Declaration are expressly transferred by Grantor or its successor.
"Improvement" Improvement shall mean any structure, facility, 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, bicycle paths, curbs, landscaping, signs, lights, mail
boxes, electrical lines, pipes, pumps, ditches; waterways, and fixtures of any kind whatsoever.
"Irrigation District" Irrigation District shall mean Settlers Irrigation District.
"Exempt Property Exempt Property shall mean all portions of the Property which have
been dedicated to, and accepted by, a local public authority and/or owned by a charitable or
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. I Page 3 of 43
nonprofit corporation exempt from taxation, all of which properties shall be exempt from
Assessments created herein.
"Landscape Easements" Landscape Easements shall mean any portion of a Residential
Lot located within the landscape easements designated on the Plat or in a Supplemental
Declaration. This Landscape Easement is in addition to the general landscape easement
described in this Declaration.
"Limited Assessment" Limited Assessment shall mean a charge or fine against a
particular Owner and such Owner's Residential Lot, directly attributable to the Owner, equal to
the cost incurred by the Association for corrective action or maintenance, repair, replacement
and operation activities performed pursuant to the provisions of this Declaration, including,
without limitation, damage to or maintenance, repair, replacement and operation activities
performed for any Common Area or the failure of an Owner to keep the Owner's Residential Lot
in proper repair, including interest thereon as provided in this Declaration for any goods or
services provided by the Association benefiting less than all Owners.
"Lot" Lot shall mean and refer to the plots or tracts of land comprising the Property and
specifically designated on a Plat, including Common Area. Lot includes Residential Lots and
Common Area.
"Member" Member shall mean each person or entity holding a membership in the
Association. Where specific reference or the context so indicates, it shall also mean persons or
entities holding membership.
"Mortgage" Any mortgage or deed of trust or other hypothecation of land located in
Property to secure the performance of an obligation. Unless otherwise specifically provided, the
reference to "Mortgage" in this Declaration shall be limited to a "First Mortgage" including a
"first Deed of Trust," on a Lot in Subdivision.
"Occupant" Any person, association, corporation or other entity who or which is an
Owner, or has teased, rented, been licensed, or is otherwise legally entitled to occupy and use
any Building or Improvement on a Residential Lot whether or not such right is exercised,
including their heirs, personal representatives successors and assigns.
"Owner" Owner shall mean the person or other legal entity, including Grantor, holding
fee simple interest of record to an entire Residential Lot which is a part of the Property, and
sellers under executory contracts of sale, but excluding those having such interest merely as
security for the performance of an obligation.
"Person" Person shall mean any individual, partnership, corporation, or other legal
entity.
"Plat" Plat shall mean any subdivision plat covering any portion of the Property as
recorded at the office of the County Recorder, Ada County, Idaho, as the same may be amended
by duly recorded amendments thereof.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. I Page 4 of 43
"Pressurized Irrigation System" Pressurized Irrigation System shall mean all pumps,
pump houses, and related facilities, including electrical power, mainlines, connecting lateral
pipeline, valves, service boxes, individual lot delivery lines and facilities, and all related
equipment, parts and materials, including but not limited to those items of personal property
comprising the Pressurized Irrigation System as shown on the engineering record drawings
prepared for the subdivision.
"Property" Property shall mean the real property described in Exhibit A, including each
lot, parcel, and portion thereof and interest therein, including all water rights associated with or
appurtenant to such property, which are brought within the jurisdiction hereof by Supplemental
Declaration or otherwise. The Property also may include, at Grantor's sole discretion, such
additional property in addition to that described in Exhibit A as may be annexed by means of
Supplemental Declaration as provided herein.
"Regular Assessment" Regular Assessment shall mean the portion of the cost of
maintaining, improving, repairing, managing, and operating the Common Area, Common
Facilities and all Improvements located thereon, and the other costs of an Association which is to
be levied against the Residential Lot of and paid by each Owner to the Association, pursuant to
the terms of this Declaration.
"Residential Lot" Residential Lot shall mean a Lot that has a Building on it that is
owned by an Owner.
"Subdivision" Subdivision shall mean the whole of the land described in Exhibit A.
"Special Assessment" Special Assessment shall mean the portion of the costs of the
capital improvements or replacements, equipment purchases and replacements or shortages in
Regular Assessments which are authorized and to be paid by each Owner to the Association,
pursuant to the provisions of this Declaration.
"Supplemental Declaration" Supplement Declaration shall mean any Supplemental
Declaration including additional covenants, conditions, and restrictions that might be adopted
with respect to any portion of the Property.
"Tract" Tract shall mean a defined portion of the Property within which the
contemplated development involves a common use or compatible uses, and which may have
been designated as a Tract by this Declaration or a recorded Supplemental Declaration. Each
Tract shall contain one or more Residential Lots or commercial lots and may be managed to the
extent permitted herein.
"Transition Date" Transition Date shall mean the latter of the date the Grantor certifies
in writing to the Association that no additional real property shall hereafter be made subject to
this Declaration, and the date when the Grantor owns ten percent (10%) or less of the Lots,
which are part of the Property and any additional property annexed thereto.
"Waterway" Waterway shall mean any surface water amenity, including, without
limitation, any lake, swimming pool, pond, channel, slough, stream or reservoir, natural or
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. I Page 5 of 43
artificial, which is located on the Property and which is included within or managed as Common
Area.
ARTICLE 4 - PURPOSE
4.1. The purpose of this Declaration is to set forth the basic restrictions, covenants,
limitations, easements, conditions, and equitable servitudes (collectively "Restrictions") that
apply to the Property. The Restrictions are designed to preserve the Property's value,
desirability, and attractiveness, to ensure a well -integrated high-quality development, and to
guarantee adequate maintenance of the Common Area, Common Facilities, and the
Improvements located thereon, in a cost effective and administratively efficient manner.
4.2. The Property is hereby made subject to the covenants and restrictions contained in
this Declaration, all of which shall be deemed to be imposed upon and run with the land and each
and every Lot and parcel thereof and shall apply to each and every Owner and Occupant thereof
and their respective successors in interest, to ensure proper design, development, improvement,
use and maintenance of the Property for the purpose of:
A. Insuring Owners and Occupants of Buildings of quality design,
development, improvement, use and maintenance as shall protect and enhance the investment
and use of all Lots and Buildings.
B. The prevention of the erection within the Property of Buildings of
improper design or construction with improper or unsuitable materials or with improper quality
and method of construction.
C. Encouraging and insuring the erection of quality and attractive
improvements appropriately located within the Property to assure visual quality and harmonious
appearance and function.
D. Providing a mechanism to facilitate quality of design, development,
improvement, use and maintenance as shall protect and enhance the investment and use of all
Lots and improvements and promote the general welfare of Owners and Occupants.
E. Encouraging the erection of high quality and attractive Improvements
appropriately located within the Property and to promote visual quality and harmonious
appearance and function.
F. Providing and maintaining set -backs from streets in and open areas within
the Property and adequate open spaces between Improvements.
G. Promoting attractive, well maintained, and aesthetically pleasing
landscaping
H. Establish a legal entity owned and controlled by the Grantor and the
Owners to assure perpetual maintenance of Common Area and compliance with the terms of this
Declaration.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. 1 Page 6 of 43
ARTICLE 5 - GENERAL AND SPECIFIC RESTRICTIONS
The following restrictions shall be applicable to Property and shall be for the benefit of
and limitation upon all present and future Owners of Lots, or any interest therein, and the
Association, which is hereby empowered, in addition to each Owner, to enforce the same.
5.1 Improvements Generally - All Improvements are to be designed, constructed
and used in such a manner as to promote compatibility between the types of use contemplated by
this Declaration.
5.2 Residential Lots. All Residential Lots shall be used exclusively for four-plex
residential units and such other uses as the Architectural Control Committee shall, in its
discretion, allow, provided that no such other use so allowed shall conflict with or be
incompatible with the specifically identified uses. All uses shall be in accordance with the
applicable zoning ordinances and approvals.
5.3 Architectural Control Committee Review. No Improvements shall be built,
constructed, erected, placed, or materially altered or removed within the Property unless and
until the building plans, specifications, and plot plan or other appropriate plans and specifications
have been reviewed in advance by the Architectural Control Committee and the same have been
approved in writing in accordance with Article 14 below. The review and approval or
disapproval may be based upon the following factors - size, height, design and style elements,
mass and form, topography, setbacks, finished ground elevations, architectural symmetry,
drainage, color, materials, including Architectural Control Committee approved architectural
shingles roofing material, physical or aesthetic impacts on other properties, including Common
Area and Common Facilities, artistic conformity to the terrain and the other Improvements on
the Property, and any and all other factors which the Architectural Control Committee, in its
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 Control Committee to control the interior
layout or design of residential structures except to the extent incidentally necessitated by use,
size, and height restrictions.
5.4 Insurance Rates. Nothing shall be done or kept on any Residential Lot which
will increase the rate of insurance on any other portion of the Property without the approval of
the Owner of such other portion, nor shall anything be done or kept on the Property or a
Residential Lot which would result in the cancellation of insurance on any property owned or
managed by any such Association or which would be in violation of any law.
5.5 No Hazardous Activities. No activities shall be conducted on the Property or in
Improvements constructed on Property which are or might be unsafe or hazardous to any person
or property.
5.6 Unsightly Articles. No unsightly articles shall be permitted to remain on any
Residential Lot so as to be visible from any other portion of the Property. Without limiting the
generality of the foregoing, refuse, garbage, and trash shall be kept at all times in such containers
and in areas approved by the applicable Architectural Control Committee. No clothing or fabrics
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. 1 Page 7 of 43
shall be hung, dried, or aired in such a way as to be visible to other property, and no equipment,
treat pumps, compressors, containers, lumber, firewood, grass, shrub or tree clippings, plant
waste, metals, bulk material, scrap, refuse, or trash shall be kept, stored or allowed to accumulate
on any Residential Lot except within an enclosed structure or as appropriately screened from
view.
5.7 No Unscreened Boats, Campers, and Other Vehicles. No boats, trailers,
campers, all -terrain vehicles, motorcycles, recreational vehicles, bicycles, dilapidated or
unrepaired and unsightly vehicles, or similar equipment shall be placed upon any portion of the
Property (including, without limitation, streets, parking areas, and driveways) unless the same
are enclosed by a structure concealing them from view in a manner approved by the
Architectural Control Committee.
5.8 Vehicles. The use of all vehicles, including, but not limited to, trucks,
automobiles, bicycles, motorcycles, snowmobiles, aircraft, and boats, shall be subject to all
Association Rules, which may prohibit or limit the use thereof within the Subdivision. No on -
street parking shall be permitted except where expressly designated for parking use. No parking
bays shall be permitted in any side, front, or backyard. No motorized vehicle or device shall be
permitted on any Waterway unless such vehicle is engaged in an emergency procedure. The use
of all vehicles, including, but not limited to, trucks, automobiles, bicycles, motorcycles,
snowmobiles, aircraft, and boats, shall be subject to all Association Rules, which may prohibit or
limit the use thereof within the Subdivision.
5.9 Animals/Pets. No animals, birds, insects, pigeons, poultry or livestock shall be
kept on the Property unless the presence of such creatures does not constitute a nuisance. This
paragraph does not apply to the keeping of up to two 2 domesticated dogs, up to two (2)
domesticated cats, and other household pets which do not unreasonably bother or constitute a
nuisance to others. Without limiting the generality of the foregoing, consistent and/or chronic
barking by dogs shall be considered a nuisance. Each dog in the Subdivision shall be kept on a
leash, curbed, and otherwise controlled at all times when such animal is on the Property and
outside of the dwelling unit. Such owner shall clean up any animal defecation immediately from
the Common Area or public right-of-way. Failure to do so may result, at the Board's discretion,
with a Limited Assessment levied against such animal owner. No dog or cat shall be allowed in
any Waterway.
ARTICLE 6 - BUILDING RESTRICTIONS
6.1 Plans. No Improvement or substantial landscaping or screening planting shall be
undertaken, erected or maintained upon any Lot, nor shall any exterior addition to or change or
alteration therein be made until plans and specification showing at least the nature, kind, shape,
height, materials and location of the same have been submitted to and approved by the
Architectural Control Committee as described in this Declaration.
6.2 Setbacks. No residential or other structure (exclusive of fences and similar
structures) shall be placed nearer to the Residential Lot lines than permitted by the Plat for the
Tract in which the Residential Lot is located, by any applicable zoning restriction, by any
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. 1 Page 8 of 43
conditional use permit, or by a building envelope designated either by Grantor or applicable
Architectural Control Committee, whichever is most restrictive.
6.3 Mailboxes, All mailboxes and stands will be of consistent design, material, and
coloration and shall be located as permitted by the Architectural Control Committee.
6.4 Fencing. No fence shall be erected or maintained on a Lot, except for as erected
by Grantor or as permitted by the Architectural Control Committee.
6.5 Lighting. If required or permitted by the Architectural Control Committee, each
Owner shall install, and maintain in an operative condition such exterior lighting as shall be set
forth by the Architectural Control Committee.
6.6 Antennae. Exterior radio antennae, television antennae or other antennae,
including a satellite dish, may be erected or maintained on a Lot, as permitted by the
Architectural Control Committee.
6.7 Signs. No sign of any kind shall be displayed for public view without the prior
approval of the applicable Architectural Control Committee or Association, and in compliance
with all laws and regulations if otherwise so required, except:
A. Such signs as may be used by Grantor in connection with the development of the
Property and sale of Lots.
B. Temporary signs naming the contractors, the architect, and the lending institution
for particular construction operation.
C. Such signs identifying Subdivision, or informational signs, of customary and
reasonable dimensions as prescribed by the Architectural Control Committee may be displayed
on or from the Common Area and/or Common Facilities.
D. One (1) sign of customary and reasonable dimensions not to exceed three (3) feet
by two (2) feet may be displayed by an Owner other than Grantor on or from a Residential Lot
advertising the residence for sale or lease.
E. public necessity sign identifying danger or hazard on or near the Property.
F. Service signs providing information to the public, such as directions to parking
facilities, restriction on parking and similar information.
G. Other signs as maybe approved by the Architectural Control Committee.
6.8 Nuisances. No rubbish or debris of any kind shall be placed or permitted to
accumulate anywhere upon the Property, including the Common Area or other Lots, and no odor
shall be permitted to arise therefrom so as to render the Property or any portion thereof
unsanitary, unsightly, offensive, or detrimental to the Property or to its occupants, or to any other
property in the vicinity thereof or to its occupants. No noise or other nuisance, as described in
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. I Page 9 of 43
the Meridian City Code, as amended from time to time, shall be permitted to exist or operate
upon any portion of the Property so as to be offensive or detrimental to the Property or to its
Occupants or to other property in the vicinity or to its occupants. Without limiting the generality
of any of the foregoing provisions, no exterior speakers, horns, whistles, bells, or other sound
devices (other than security devices used exclusively for security purposes which have been
approved by the Association), flashing lights, or search lights, shall be located, used, or placed
on the Property without the prior written approval of the Architectural Control Committee.
6.9 Maintenance. The following provisions shall govern the maintenance of Lots and all
Improvements thereon:
A. No Improvement shall be permitted to fall into disrepair, and each
Improvement shall at all times be kept in good condition and repair. In the event that any Owner
shall permit any Improvement, including trees and landscaping, which is the responsibility of
such Owner to maintain, to fall into disrepair so as to create a dangerous, unsafe, unsightly, or
unattractive condition, or damages property or facilities on or adjoining their Residential Lot
which would otherwise be the Association's responsibility to maintain, the Board of 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 such Owner's Building Lot for the purpose
of doing so, and such Owner shall promptly reimburse the Association for the cost thereof. Such
cost shall be a Limited Assessment and shall create a lien enforceable in the same manner as
other Assessments set forth in this Declaration. The Owner of the offending property shall be
personally liable, and such Owner's property may be subject to a mechanic's lien, for all costs
and expenses incurred by the Association in taking such corrective acts, plus all costs incurred in
collecting the amounts due, including attorney's fees and costs. 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 Board, be added to the amounts payable by such Owner as
Regular Assessments. Each Owner shall have the remedial rights set forth herein if the
applicable Association fails to exercise its rights within a reasonable time following written
notice by such Owner.
B. The Association shall be responsible for maintaining all of the landscaping
within the Property and for maintaining, repairing, and repainting the fagade of all buildings
within the property as scheduled and approved by the Architectural Control Committee, so long
as damages are not caused by the Owner. Each Owner of a Residential Lot shall be responsible
for keeping windows glazed, rubbish and debris removed, and otherwise maintained the same in
a neat and aesthetically pleasing condition.
C. In the event all or any portion of the Improvements on a Lot are (1) damaged
or destroyed by fire or other casualty, or (ii) taken or damaged as a result of the exercise of the
power of eminent domain or any transfer in lieu thereof, the Owner of the Lot on which such
Improvements are located shall promptly restore the Improvements, or the remaining portion
thereof, to an architectural whole in accordance with plans approved by the Architectural
Control Committee, or raze the remaining portion of such Improvements. In any event, the
Owner shall remove the damaged portion of such Improvements together with all rubble and
debris, related thereto. All portions of a Lot on which improvements are razed shall be graded
by the Owner in such manner as to not adversely affect the drainage within the Property and
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. I Page 10 of 43
shall cover such graded portions of the Lot with on inch (1") asphalt dust cap and/or lawn or
approved ground cover, which shall thereafter be properly maintained, and shall keep such
portions clean and free from debris, all at the Owner's sole cost and expense.
D. A Building which is vacant for any reason shall be kept locked and the
windows glazed in order to prevent entrance by vandals. Vacant Buildings and unimproved Lots
shall not be exempt from the provisions of this Declaration.
E. All structures, facilities, equipment, objects, and conditions determined by the
Architectural Control Committee, in its sole discretion reasonably exercised, to be offensive,
shall be closed within a structure approved by the Architectural Control Committee or
appropriately screened from public view. All trash, debris, garbage, and refuse shall be kept at
all time in a covered container and all such containers shall be kept on a Lot within an enclosed
structure or screened from public view.
F. Except as reasonably required during construction or maintenance of
improvements, goods, machinery, material or similar items shall not be stored, kept or
maintained on a Lot, in the required set -back area along a public right-of-way or otherwise kept
in the open or exposed to public view.
6.10 Drainage. There shall be no interference with the established drainage pattern
over any portion of the Property, unless an adequate alternative provision is made for proper
drainage and is first approved in writing by the applicable Architectural Control Committee. For
the purposes hereof, "established" drainage is defined as the system of drainage, whether natural
or otherwise, which exists at the time the overall grading of any portion of the Property is
completed by Grantor, or that drainage which is shown on any plans approved by the
Architectural Control Committee, which may include drainage from the Common Area over any
Residential Lot in the Property.
6.11 Grading. The Owner of any Residential Lot within the Property in which
grading or other work has been performed pursuant to a grading plan approved under applicable
provisions of City Code shall maintain and repair all graded surfaces and erosion prevention
devices, retaining walls, drainage structures, means, or devices which are not the responsibility
of the Ada County Highway District, the Association, or other public agency, and plantings and
ground cover installed or completed thereon. Such requirements shall be subject to Regular,
Special, and Limited Assessments, as may be applicable.
6.12 No Temporary Structures. No house trailer, mobile home or shack or other
temporary building, improvement, or structure shall be placed upon any portion of the Property,
except temporarily as may be required by construction activity undertaken on the Property. Also
excepted from this requirement is any sales office established for the Property.
6.13 Sewage Disposal System. No individual sewage disposal system shall be used on
the Property. Each Owner shall connect the appropriate facilities on such Owner's Residential
Lot to the Meridian City Sewer System and pay all charges assessed therefor.
6.14 No Mining or Drilling. No portion of the Property shall be used for the purpose
of mining, quarrying, drilling, boring, or exploring for or removing water, oil, gas, or other
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. 1 Page 11 of 43
hydrocarbons, minerals, rocks, stones, sand, gravel or earth. This paragraph shall not prohibit
exploratory drilling or coring which is necessary to construct a residential structure or
improvements. No Lot shall be used for the purpose of mining, quarrying, drilling, boring, or
exploring for or removing water, oil, gas, or other hydrocarbons, minerals, rocks, stones, sand,
gravel or earth; provided Grantor or the Association may, by permit, grant, license or easement,
allow the drilling for and the extraction of water for use within the Property.
6.15 Energy Devices Outside. No energy production devices, including, but not
limited to, generators of any kind and solar energy devices, shall be constructed or maintained on
any portion of the Property without the written approval of the applicable Architectural Control
Committee, except for heat pumps shown in the plans approved by the Architectural Control
Committee. This paragraph shall not apply to passive solar energy systems incorporated into the
design of a residential structure as approved by the Architectural Control Committee..
6.16 Utilities and Mechanical Equipment. All utility lines, of whatever kind, shall
be under ground. Pad -mounted transformers, switch gear and similar equipment which must be
installed above ground shall be screened with suitable landscaping or other approved screening
consistent with safety and other regulations of the utility company installing such equipment.
All mechanical equipment servicing a Building shall be located or screened so as not to be
visible to the general public from any street within the Subdivision. Penthouses and mechanical
equipment screen walls shall be of such a design and materials which are compatible with those
of the Building. Notwithstanding anything contained above, the Owner may place individual
mechanical equipment as approved by the Architectural Control Committee.
6.17 Exemption of Grantor. Nothing contained herein shall limit the right of Grantor
to subdivide or re -subdivide any portion of the Property, to grant licenses, to reserve rights-of-
way and easements with respect to the Common Area to utility companies, public agencies, or
others, or to complete excavation, grading, and construction of Improvements to and on any
portion of the property owned by Grantor, or to alter the foregoing and its construction plans and
designs, or to construct such additional Improvements as Grantor deems advisable in the course
of development of the Property. Such right shall include, but shall not be limited to, erecting,
constructing, and maintaining on the Property such structures and displays as may be reasonably
necessary for the conduct of Grantor's business of completing the work and disposing of the
same by sales, lease or otherwise. Grantor shall have the right at any time prior to acquisition of
title to a Residential Lot by a purchaser from Grantor to grant, establish, and/or reserve on that
Residential Lot, additional licenses, reservations and rights -of way to Grantor, to utility
companies, or to others as may from time to time be reasonably necessary to the proper
development and disposal of the Property. Grantor may use any structures owned by Grantor on
the Property as model home complexes or real estate sales or leasing offices for lots and homes
within the Subdivision. Grantor need not seek or obtain Architectural Control Committee
approval of any Improvement constructed or placed by Grantor or an affiliate of Grantor on any
portion of the Property owned by Grantor or an affiliate of Grantor. The rights of Grantor
hereunder may be assigned by Grantor to any successor in interest in connection with Grantor's
interest in any portion of the Property.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. I Page 12 of 43
ARTICLE 7 - WATER SYSTEMS
7.1. Domestic Water. Each Residential Lot shall have access to a domestic water
system owned and operated by the City of Meridian. The domestic water system will provide
water for culinary and other ordinary domestic household use and is not to be used to water
lawn, landscaped area or other similar areas except for Lots which do not have access to the
Irrigation System. The Association may elect to receive from the domestic water system water
for irrigation and other uses that benefit the Common Area and Common Facilities when water
is not being supplied by the irrigation system, which shall be paid by the Association from its
Assessments. Any Owner's use of water from the domestic water system shall constitute an
agreement to pay the charges therefor by the City of Meridian.
7.2. Irrigation System. All Lots to which delivery of irrigation water is feasible in
the Grantor's discretion, including Common Area, shall have access to a pressurized irrigation
system ("Irrigation System") to be constructed by the Grantor and owned and operated by the
Association or the Irrigation District. Owners of Lots to which the system has been extended
shall be required to pay the assessment therefor regardless of actual use or nonuse of water from
the Irrigation System. Use of the Irrigation System shall be subject to such rules and
regulations of the Association and the Irrigation District and the right to receive water therefrom
is, in any event. Subject to availability for Lots and for the Common Area. THE
AVAILABILITY OF PRESSURIZED IRRIGATION WATER FOR ANY LOT S14ALL BE
CONTROLLED BY A MASTER COMPUTERIZED CONTROLLER THAT WILL
OPERATE WATER VALVES REGULATING THE TIME AVAILABLE TO INDIVIDUAL
LOTS OR GROUPS OF LOTS FOR WATERING. Each Owner is prohibited from interfering
with, adjusting, or altering the master controller or the water valves controlled by the master
controller. Neither the Grantor nor the Association guarantees the availability of water. Each
Owner is prohibited from making any cross connection or tie in between the Irrigation System
and the domestic water system. WATER FROM THE IRRIGATION SYSTEM IS NOT
DRINKABLE, EACH LOT OWNER SHALL BE RESPONSIBLE TO ENSURE THE
IRRIGATION WATER WITHIN THE BOUNDARIES OF HIS LOT IS NOT CONSUMED
BY ANY PERSON FOR CULINARY PURPOSES.
ARTICLE 8 - PROPERTY OWNERS' ASSOCIATION
8.1 Organization of Property Owners Association. The Association shall be
organized by Grantor as an Idaho nonprofit corporation under the provisions of the Idaho Code
relating to general non-profit corporations and shall be charged with the duties and vested with
the powers prescribed by law and set forth in its Articles of Incorporation, its Bylaws, and this
Declaration. Neither the Articles of Incorporation nor the Bylaws shall, for any reason, be
amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. To
the extent the Articles of Incorporation or Bylaws of the Association conflict with the provisions
of this Declaration, the provisions of this Declaration shall control.
8.2 Membership. Each Owner shall be a Member of the Association. Membership
shall be appurtenant to and may not be separated from ownership of any Residential Lot. The
ownership of a Residential Lot shall be the sole qualification for membership and shall
automatically commence when a person becomes such Owner and shall automatically terminate
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. 1 Page 13 of 43
when such ownership is conveyed or transferred, except that any Owner may give a revocable
proxy, or may assign such Owner's right to vote to a lessee, mortgagee, beneficiary, or contract
purchaser of the Residential Lot concerned, for the term of the lease, mortgage, deed of trust, or
contract. There shall be only one membership for each Residential Lot.
8.3 Multiple Owners. If there are multiple Owners of a Residential Lot, the Owners
shall, by written instrument filed with the Association, designate the individual entitled to
exercise the privileges of membership. In the event that such joint Owners are unable to agree
among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on
the matter being put to a vote. When an Owner casts a vote, it will thereafter be presumed
conclusively for all purposes that such Owner was acting with authority and consent of all joint
owners of the Residential Lot from which the vote derived.
8.4 Association Control. Until the Transition Date, the Grantor, or the Grantor's
successor or assignee, shall have the exclusive control of the Association and the Owners,
excluding the Grantor, shall not have the right to vote on any matters involving the operation of
the Association or the Association's exercise of its authority. On and after the Transition Date,
the membership shall be franchised and each Member shall be entitled to one vote for each
Residential Lot owned.
8.5 Board of Directors and Officers. The affairs of the Association shall be
conducted and managed by a Board of Directors (`Board") and such officers as the Board may
elect or appoint, in accordance with the Articles and Bylaws, as the same may be amended from
time to time. The Board of the Association shall be elected in accordance with the provisions set
forth in the Association Bylaws.
8.6 Power and Duties of the Association.
A. Powers. The Association shall have all the powers of a non-profit
corporation organized under the general 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 of
Incorporation, the Bylaws or this Declaration. The Association shall have the power to do any
and all lawful things which may be authorized, required or permitted to be done by the
Association under Idaho law, under this Declaration, the Articles of Incorporation, and Bylaws,
and to do and perform any and all acts which may be necessary to, proper for, or incidental to the
proper management and operation of the Common Area and the Association's other assets
(including water rights when and if received from Grantor) and affairs and the performance of
the other responsibilities herein assigned, including without limitation:
i. Assessments and Fines. Subject to limitations herein, the power
to levy Assessments and fines on any Owner or any portion of the Property and to force payment
of such Assessments and fines, all in accordance with the provisions of this Declaration.
ii. Right of Enforcement. The power and authority from time to
time in its own name, on its own behalf or on behalf of any Owner who consents thereto, to
commence and maintain actions and suits to restrain and enjoin any breach or threatened breach
of this Declaration, the Article of Incorporation, the Bylaws, or Architectural Control Committee
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. 1 Page t4 of 43
Design Standards, including the Association Rules adopted pursuant to this Declaration, and to
enforce by mandatory injunction or otherwise, all provisions hereof.
iii. Delegation of Powers. The authority to delegate its power and
duties to committees, officers, employees, or to any person, firm, or corporation to act as
manager, and to contract for the maintenance, repair, replacement, and operation of the Common
Area, and to pay to such manager such compensation as shall be reasonable. Neither the
Association nor the members of its Board shall be liable for any omission or improper exercise
by the manager of any such duty or power so delegated.
iv. Association Rules. The power to adopt, amend, and repeal such
rules and regulations as the Association deems reasonable. Such rules shall govern the use by
Owners and Occupants or any other person of the Common Area, Common Facilities and other
property owned or controlled by the Association, including, but not limited to, the use of private
streets by the Owners, their families, invitees, licensees, lessees, or contract purchasers;
provided, however, that any Association Rules shall apply equally to all Owners and shall not be
inconsistent with this Declaration, the Articles of Incorporation, or the Bylaws. A copy of the
Association Rules as they may from time to time be adopted, amended, or repealed, shall be
mailed or otherwise delivered to each Owner and Occupant. Upon such mailing or delivery, the
Association Rules shall have the same force and effect as if they were set forth in and were a part
of this Declaration. In the event of any conflict between such Association Rules and any other
provision of this Declaration, the Articles of Incorporation or the Bylaws, the provisions of the
Association Rules shall be deemed to be superseded by provisions of this Declaration, the
Articles of Incorporation, and the Bylaws to the extent of any such inconsistency.
v. Emergency Powers. The Association or any person authorized
by the Association, may enter onto any Lot or into any Building or other structure on a Lot in the
event of any emergency involving illness or potential danger to 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 Occupants as practicable and any damage
caused thereby shall be repaired by the Association unless said entry was necessitated by a
condition caused by the Owner or Occupant.
A. Licenses, Easements, and Rights -of -Way. The power to grant
and convey to any third party such licenses, easements, rights-of-way or fee title in, on, through
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:
a. Underground lines, cables, wires, conduits, or
other devices for the transmission of any utility or other service.
b. Public sewers, storm drains, water drains and
pipes, water systems. sprinkling systems, water, heating and gas lines or pipes.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. 1 Page 15 of 43
C. Any similar public or quasi -public
improvements or facilities.
d. Electricity or electronic signals -for lighting,
heating, power, telephone, television, or other purposes, and the above ground lighting
stanchions, meters, and other facilities associated with the provisions of lighting and services.
e. Mailboxes and sidewalk abutments around such
mailboxes, or any service facility, berms, fencing and landscaping abutting common areas,
public and private streets or land conveyed for any public or quasi -public purpose including, but
not limited to, bicycle pathways.
vii. Dedication. The Association shall have the right to dedicate or
transfer all or any part of the Common Area or Common Facilities to any public agency,
authority, or utility for such purposes and subject to such conditions as may be agreed to by the
Members of the Association. The Association shall also have the power to receive a conveyance
of any property interest from the above -referenced entities, or any other individual or entity, and
to hold such property interest as Common Area. No such dedication or transfer shall be effective
unless an instrument agreeing to such dedication or transfer has been approved by Two -Thirds of
the Members of the Association.
viii. Newsletter. If it so elects, the Association may prepare and
distribute a newsletter on matters of general interest to Association Members, the cost of which
shall be included in Regular Assessments.
ix. Fiscal Year. The right to select a fiscal year for the Association
instead of a calendar year for budget, assessment and accounting purposes.
B. Duties of Association. In addition to duties necessary and proper to carry
out the powers delegated to the Association by this Declaration, the Articles of Incorporation and
Bylaws, without limiting the generality thereof, the Association or its authorized agents, if any,
shall have the authority and the obligation to conduct all business affairs of the Association and
to perform, without limitation, each of the following duties:
i. Rights Appurtenant to Subdivision Lands. Within one hundred
twenty (120) days of the date of the recording of this Declaration, Grantor shall transfer from the
Property subject to this Declaration, and within the boundaries of an irrigation entity, as defined
in said Section 31-3805, Idaho Code, all water rights and assessment obligations appurtenant to
the Property to the Association,
ii. Operation and Maintenance of the Common Area and
Common Facilities. Perform, or provide for the performance of the operation, maintenance, and
management of the Common Area, Common Facilities and Landscape Easement areas, including
the repair and replacement of property or Improvements thereon damaged or destroyed by
casualty loss, the maintenance, repair and replacement of any facilities, if any, installed by the
Grantor and/or irrigation district for the delivery of irrigation water to the Lots, and maintenance,
management, repair or replacement of all other property owned or controlled by the Association.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. t Page 16 of43
Additionally, the Association may, in its discretion, limit or restrict the use of the Common Area
to the Owners or Occupants residing in the Subdivision.
iii. Maintenance of Pressurized Irrigation Systems. Although it is
the specific intent of the Grantor that the Pressurized Irrigation System shall be conveyed to and
maintained by the Irrigation District, to the extent that any portions of the Irrigation System,
including the system's master valve controller, its wires and multiple lot controllers are not
accepted for ownership or maintenance by the Irrigation District, the Association shall maintain
any such excluded portions of the Pressurized Irrigation System.
iv. Maintenance of Fagade of Buildings. The maintenance, repair,
replacement, and repainting of the exterior facade of all Buildings per schedule adopted by
Architectural Control Committee.
v. Maintenance of Drainage Lots.
a. Heavy Maintenance of Drainage Lots. Heavy
maintenance consists of periodically inspecting the drainage lots to insure they are functioning
properly; cleaning out the piping and mucking out the drainage lots when sediment level exceeds
the designated storage level. All other maintenance of the drainage lots shall be referred to
herein as "light maintenance." ACHD has opted to perform this heavy maintenance and shall be
allowed, by the Association, to perform this maintenance work. In the event ACHD shall decide
not to do such "heavy maintenance" then the Association shall do it.
b. Light Maintenance of Drainage Lots. The
Association shall perform all "light maintenance" of the drainage lots pursuant to that certain
Maintenance and Operation Manual of which shall be kept on file with the Association. Said
Maintenance and Operation Manual is incorporated herein by reference.
vi. Reserve Account. Establish and fund a reserve account with a
reputable banking institution or savings and loan association or title insurance company
authorized to do business in the State of Idaho, which reserve account shall be dedicated to the
costs of repair, replacement, maintenance and improvement of the Common Area, Common
Facilities maintenance of all landscaping, including that on all Residential Lots, and the repair,
replacement, and repainting of the exterior facade of all Buildings per schedule adopted by
Architectural Control Committee. The money within the reserve account is for the benefit of the
entire Property and shall not be re -distributed or refunded to individual Owners and must only be
used for the benefit of the Association.
vii. Maintenance of Berms Retaining Walls and Fences. Maintain
the berms, retaining walls, fences, and water amenities within and abutting the Common Area
and Landscape Easement areas.
viii. Maintenance of Landscaping. Maintain all landscaping
within the Subdivision, including all landscaping on all Residential Lots that has been approved
in accordance with this Declaration.
DECLARATION OF COVENANTS., CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. I Page 17 of 43
ix. Taxes and Assessments. Pay all real and personal property taxes
and assessments separately levied against the Common Area or against the Property, the
Association, and/or any property owned by the Association. Such taxes and assessments may be
contested or compromised by the Association, provided, however, that such taxes and
assessments are paid or a bond insuring payment is posted prior to the sale or disposition of any
property to satisfy the payment of such taxes and assessments. In addition, the Association shall
pay all other federal, state, or local taxes, including income or corporate taxes levied against the
Association.
x. Water and Other Utilities. Acquire, provide, and/or pay for
water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone, and gas, and
other necessary services for the Common Area and Common Facilities owned or controlled by
the Association. Whether such rights are evidenced by license, permit, claim, stock ownership, or
otherwise and manage for the benefit of the Property all domestic, irrigation, and amenity water
rights and rights to receive water held by the Association, whether such rights are evidenced by
license, permit, claim, stock ownership, or otherwise. The Association shall maintain, repair,
and operate any sewer lift stations located on the Property.
xi. Insurance, Obtain insurance from reputable insurance companies
authorized to do business in the State of Idaho, and maintain in effect any insurance policy the
Board deems necessary or advisable, including, without limitation, the following policies of
insurance:
a. Fire insurance, including those risks embraced
by coverage of the type known as the broad form "All Risk" or special extended coverage
endorsement on a blanket agreed amount basis for the full insurable replacement value of all
Improvements, equipment, and fixtures located within the Common Area and Common
Facilities.
b. Comprehensive public liability insurance
insuring the Board, the Association, the Grantor, and the individual grantees and agents and
employees of each of the foregoing, against any liability incident to the ownership and/or use of
the Common Areas and Common Facilities owned by the Association or easement areas under
control of the Association. The maximum limits of liability of such coverage shall be as
determined by the Board and the minimum limits of liability of such coverage shall be as
follows:
Not less than One Million Dollars and No Cents ($1,000,000.00)
per person, and One Million Dollars and No Cents ($1,000,000.00)
per occurrence, with respect to personal injury or death, and One
Million Dollars and No Cents ($1,000,000.00) per occurrence with
respect to property damage.
Full coverage directors' and officers' liability insurance with a
limit of at least Two Hundred Fifty Thousand Dollars and No
Cents ($250,000.00).
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. I Page 18 of 43
C. Such other insurance, including
motor vehicle insurance and 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 other person charged with the
management or possession of any Association funds or other property.
d. The Association shall be deemed
trustee of the interests of all Owners in connection with any insurance proceeds
paid to the Association under such policies, and shall have full power to receive
such Owner's interests in such proceeds and to deal therewith.
e. Insurance premiums for the
above insurance coverage shall be deemed a common expense to be included in
the Regular Assessments levied by the Association.
xii. Rule Maldng. Make, establish, promulgate,
amend, and repeal such Association Rules as the Board shall deem advisable.
xiii. Architectural Control Committee.
Appoint and remove Members of the Architectural Control Committee not
appointed or removed by Grantor, all subject to the provisions of this Declaration.
AV. Enforcement of Restrictions and Rules.
Perform such other acts, whether or not expressly authorized by this Declaration,
as may be reasonably advisable or necessary to enforce any of the provisions of
this Declaration and the Association Rules, or of the Articles of Incorporation or
the Bylaws or any rules and standards adopted by the Architectural Control
Committee, including, without limitation, the recordation of any claim of lien
with the Ada County Recorder, as more fully provided herein, and the imposition
of fines.
XV. Private Streets and Lights. Maintain,
repair, or replace private streets (as noted on the Plat and including any cul-de-sac
easements), street signs, and private street lights located on the Property. This
duty shall run with the land and cannot be waived by the Association unless the
City of Meridian consents to such waiver.
xvi. Signs. Maintain, repair, or replace all
permanent entry and special identification signs for the Subdivision and private
street signs, and located on the Property. This duty shall run with the land and
cannot be waived by the Association unless the City of Meridian consents to such
waiver.
8.7 Personal Liability. No Member of the Board, or member of any committee of the
Association, or any officer of the Association, or the Grantor, or the manager, if any, shall be
personally liable to any Owner, or to any other party, including the Association, for any damage,
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RESTRICTIONS FOR MCLINDER SUBDIVISION NO. I Page 19 of 43
loss, or prejudice suffered or 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 Grantor, or the Architectural Control Committee, or any other committee, or any
owner of the Association, or the Grantor, provided that such person, upon the basis of such
information as may be possessed by such person, has acted in good faith without willful or
intentional misconduct.
8.8 Budgets and Financial Statements. Financial statements for the Association
shall be prepared regularly and copies shall be distributed to each Member of the Association as
follows:
A pro forma operating statement or budget, for each fiscal year shall be distributed not
less than sixty (60) days before the beginning of each fiscal year. The operating statement shall
include a schedule of Assessments received and receivable, identified by the Residential Lot
number and the name of the person or entity assigned.
Within ninety (90) days after the close of each fiscal year, the Association shall cause to
be prepared and available for delivery upon request to each Owner, a balance sheet as of the last
day of the Association's fiscal year and annual operating statements reflecting the income and
expenditures of the Association for the last fiscal year.
8.9 Meetings of Association. Each year the Association shall hold at least one (1)
meeting of the Members, according to the schedule for such meetings established by the Bylaws.
ARTICLE 9 - RIGHTS TO COMMON AREAS AND FACILITIES
9.1 Use of Common Area. Every Owner, his family, licensees, invitees; lessees and
contract purchasers who reside on the Residential Lot, shall be entitled to use the Common Area
and Common Facilities, which right shall be appurtenant to and shall pass with the title to every
Residential Lot, subject to the following provisions:
The provisions of the Articles of Incorporation and Bylaws of the Association applicable to the
Lot, this Declaration and the rules, regulations, and standards promulgated thereunder. Each
Owner, in using the Common Area or Common Facilities shall comply with the same.
A. Suspension of Rights. The right of the Association to suspend rights
to use Common Areas and Common Facilities owned by it (except roads and other means of
access by Owner), for any period during which any Assessment against the Owner's Residential
Lot remains unpaid; and for any infraction of the Association Rules or the Association Rules and
Standards;
B. The right of the Association holding or controlling such Common Area
and Common Facilities to levy and increase Assessments for the maintenance, repair,
management and operation of improvements on the Common Area and Common Facilities;
C. The right of the Association to suspend the voting rights and rights to
use of, or interest in, the Common Area recreational facilities (but not including access to private
streets, cul-de-sacs and walkways of the Property) by an Owner for any period during which any
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RESTRICTIONS FOR MCLINDER SUBDIVISION NO. 1 Page 20 of 43
Assessment or charge against such Owner's Residential Lot remains unpaid, and for a period not
to exceed sixty (60) days for any infraction of the Association Rules.
D. The right of the Association to dedicate or transfer all or any part of
the Common Area and Common Facilities to any public agency, authority, or utility for such
purposes and subject to such conditions as may be permitted by the Articles and the Bylaws and
agreed to by the Members;
E. The right of the Association to prohibit the construction of structures
or Improvements on all Common Areas and Common Facilities which interfere with the
intended use of such areas as private street, cul-de-sacs and walkways; and
F. The right of the Association to protect wildlife habitat.
9.2 Designation of Common Area. Grantor shall designate and reserve the Common
Area and Common Facilities in the Declaration, and/or recorded Plats, deeds, or other
instruments, and/or as otherwise provided herein.
9.3 Delegation of Right to Use. Only Grantor or the Association shall have the right
to delegate the right of enjoyment to the Common Area to the general public, and such
delegation to the general public shall be for a fee set by Grantor or the Association.
9.4 Damages. Each Owner shall be fully liable for any damage to any Common Area
or Common Facilities which may be sustained by reason of the negligence or willful misconduct
of the Owner, such Owner's resident tenant or contract purchaser, or such Owner's family and
guests, both minor and adult. In the case of joint ownership of a Residential Lot, the liability of
such Owners shall be joint and several. The cost of correcting such damage shall be a Limited
Assessment against the Residential Lot and may be collected as provided herein for the
collection of other Assessments.
ARTICLE 10 - RIGHTS RESERVED BY GRANTOR
Notwithstanding anything to the contrary contained in this Declaration, Grantor expressly
reserves unto:
A. Itself, its successors and representatives, contractors and their
subcontractors easements and rights-of-way on, over and across all or any part of the streets for
vehicular and pedestrian ingress and egress to and from any part of the Property, or any adjacent
real property owned by Grantor, or its successors or assigns;
B. Itself, its successors and representatives, contractors and their
subcontractors (including any district, company, unit of local government, Association or other
entity providing water, sewer, gas, oil, electricity, telephone, cable television, or other similar
services), easements, access and rights-of-way on, over, under and across all or part of the
Common Area and utility easements on, over and under all Lots and Common Area as provided
on any recorded subdivision plat of the Property for installation, use, maintenance and repair of
all lines, wires, pipes, pumps, water wells, facilities, and other things necessary for all such
services, provided that any installation, maintenance or repair of such lines, wires or pipes shall
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RESTRICTIONS FOR NICLINDER SUBDIVISION NO. 1 Page 21 of 43
be performed with reasonable care and that the surface of said easement area shall be restored to
the level and condition that existed prior to the doing of work; and
C. Itself, its agents and successors, all water and water rights over, upon or
under or appurtenant to the Property, or any portion thereof, and a nonexclusive easement on,
over, under and across any utility easements as provided or created on any recorded subdivision
plat for the construction and maintenance of a pressurized pipe irrigation system
ARTICLE 11 - ASSESSMENTS
11.1 Covenant to Pay Assessments. By acceptance of a deed (whether or not it shall
be so express in such deed) to any portion of the Property, each Owner of such property hereby
covenants and agrees to pay when due all Regular, Special, Limited Assessments or charges
made by the Association or the Grantor, including all Regular, Special, and Limited
Assessments, charges and Fines made against such Owner pursuant to the provisions of this
Declaration or other applicable instrument.
11.2 Assessment Constitutes Lien. Such Assessments and Charges, together with
interest, costs, and reasonable attorney's fees which may be incurred in collecting the same, shall
be a charge on the land and shall be a continuing lien upon the Residential Lot against which
each such Assessment or charge is made. The lien shall not be effected by a conveyance of title.
No Owner may waive or otherwise avoid liability for any Assessment by non-use of Common
Areas, Common Facilities or by abandonment of his Residential Lot.
11.3 Assessment is Personal Obligation. Each such Assessment, together with
interest, costs and reasonable attorney's fees, shall also be the personal obligation of the Owner
of such property beginning with the time when the Assessment falls due. The personal
obligation for delinquent Assessments shall not pass to such Owner's successors in title unless
expressly assumed by them but shall remain such Owner's personal obligation regardless of
whether he remains an Owner. No Owner may waive or otherwise avoid liability for any
Assessment by non-use of Common Areas, Common Facilities or by abandonment of his
Residential Lot.
11.4 Regular Assessments. All Owners, including the Grantor, are obligated to pay
Regular Assessments to the treasurer of the Association on a schedule of payments established
by the Board. Regular Assessments shall be made by the Association at time and intervals
deemed appropriate by the Board. An annual Regular Assessment shall be made by the
Association in such amounts deemed appropriate by the Board. The Regular Assessments shall
be based upon advance estimates of cash requirements as determined by the Board for
maintenance and operation of the Common Area, Common Facilities and all easement areas, if
any, owned or controlled by the Association and for the performance by the Association of its
other duties and responsibilities basis (collectively "Expenses"). Such estimates may include,
but shall not be limited to, expenses of management, taxes and special assessments of local
governmental units, premiums for all insurance which the Association is required or permitted to
maintain hereunder, landscaping and care of grounds, lighting, water charges, trash collection,
sewage charge, repair and maintenance, legal and accounting fees, and any deficit remaining
from previous periods and the creation of a reserve, surplus and/or sinking fund(s).
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RESTRICTIONS FOR MCLINDER SUBDIVISION NO. I Page 22 of 43
11.5 Set up and Initial Regular Assessment. Assessments shall commence as to each
Residential Lot upon the closing of the first sale of such Residential Lot from the Grantor and
each transfer of title thereafter, or as to the remaining Lots owned by Grantor, when such Lots
are no longer offered for sale to the general public. At each such closing, the Owner thereof shall
pay the sum of500.00 and also such portion of the existing Regular Assessment pro -rated for
the remainder of the calendar year. These initial Assessments shall be paid to the Grantor to
reimburse the Grantor the set up cost and the maintenance of the Common Area and Common
Facilities and other Association costs incurred or to be incurred by the Grantor prior to the
Transition Date. The pro rata portion of the Regular Assessment will be paid to the Grantor for
each Closing that occurs prior to the Transition Date and only paid to the Association if the
Association has conducted its first annual meeting, elected a board of directors and assumed the
obligations and expenses of the Association. Until the Association has conducted its first
meeting, the Grantor shall have the full power and authority to exercise all of the rights, duties
and functions of the Association. The Grantor shall have the exclusive use of Assessments for
the purpose of discharging the duties and obligations of the Association in accordance with this
Declaration. The Association shall, upon its first meeting, initiate Assessments in accordance
with this Article 11, without regard to or an accounting of the initial deposits or other
Assessments previously paid to the Grantor.
11.6 Computation of Regular Assessments. The Association shall compute the
amount of its Expenses on an annual basis. The Board shall compute the amount of Regular
Assessments owed beginning the first day of the third month following the month in which the
closing of the first sale of a Residential Lot occurred in Property for the purposes of the
Association's Regular Assessment ("Initiation Date"). Thereafter, the computation of Regular
Assessments shall take place not less than thirty (30) nor more than sixty (60) days before the
beginning of each fiscal year of an Association. The computation of the Regular Assessment for
the period from the Initiation Date until the beginning of the next fiscal year shall be reduced by
an amount which fairly reflects the fact that such period was less than one (1) year.
11.7 Commencement of Regular Assessments. Subject to the provision of
Sectionl 1.5, Regular Assessments of the Association against each Residential Lot within the
Subdivision shall be assessed an annual assessment in an amount to be set by the Board
11.8 Amounts Paid by Owners. The Board can require, in its discretion or as
provided in the Articles or Bylaws, payment of Regular Assessments in monthly, quarterly,
semi-annual, or annual installments. The Regular Assessment to be paid by any particular
Owner, for any given fiscal year shall be computed as follows:
As to the Association's Regular Assessment, each Owner shall be assessed and shall pay an
amount computed by multiplying the Association's total advance estimate of Expenses by the
fraction produced by dividing the Residential Lots in the Subdivision attributable to the Owner
by the total number of Residential Lots in the Subdivision.
11.9 Special Assessments. In addition to Regular Assessments, the Association may
levy at any time a Special Assessment payable over such period as the Board may deem
appropriate. In the event that the Board of the Association shall determine that its respective
Regular Assessment for a given calendar year is or will be inadequate to meet the Expenses of
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RESTRICTIONS FOR MCLINDER SUBDIVISION NO. I Page 23 of 43
the Association for any reason, including but not limited to costs of construction, reconstruction,
unexpected repairs or replacement of capital improvements upon the Common Area, Common
Facilities, attorney's fees and/or litigation costs, other professional fees, and maintenance
required herein or for any other reason, the Board thereof shall determine the approximate
amount necessary to defray such Expenses and levy a Special Assessment against the portions of
the Property within its jurisdiction which shall be computed in the same manner as Regular
Assessments. No Special Assessment shall be levied which exceeds twenty percent (201/o) of the
budgeted gross Expenses of the Association for that fiscal year, without the vote or written assent
of the Owners representing a majority of the votes of the Members of the Association. The
Board shall, in its discretion, determine the schedule under which such Special Assessment will
be paid. The Special Assessment may be for the following purposes:
A. To defray, whole or in part, the costs of any construction or reconstruction
of improvements on a Common area, unexpected repair or replacement of Common Area or any
facility located thereon or an easement area controlled by the Association, the furnishing of a
special service or services (other than those appropriate for a Limited Assessment), or for any
other expenses incurred or to be incurred as provided in this Declaration.
B. To cure a deficit in the common and ordinary expenses of the Association
for which Regular Assessments for a given calendar or fiscal year are or will be inadequate to
pay, as determined by the Board.
11.10 Consistent Basis of Assessment. Every Special Assessment levied by and for
the Association shall be levied and paid upon the same basis as that prescribed for the levying
and payment of Regular Assessments for the Association.
11.11 Limited Assessments. In addition to Regular and Special Assessments, the
Association shall have the power to levy a Limited Assessment against Owners and Residential
Lots or any Improvement on a Residential Lot, if such maintenance and repair is necessary to
preserve the quality of the Subdivision; and/or to correct a violation of the Declaration or any
amendment thereto or the Architectural Control Committee Design Standards. The Member
must receive thirty (30) days prior written notice by personal services or certified mail of the
meeting at which the Board will vote to levy any Limited Assessment. The Association shall
have the power to incur expenses for maintenance and repair of any Residential Lot or any
improvement on a Residential Lot, if such maintenance and repair is necessary to protect the
Common Areas or any other portion of the Subdivision, and if the Owner of said Residential Lot
has failed or refused to perform said maintenance or repair within a reasonable time not less than
fourteen (14) days (exception in an emergency) after written notice of the necessity thereof has
been delivered by the Association to said Owner The Association shall levy a Limited
Assessment against the Owner of the Residential Lot owned by said Owner to pay for the cost of
such maintenance and repair, and any other cost or expense, including attorneys' fees, directly
arising out of or incident to such maintenance and repair and the Assessment therefore.
11.12 Irrigation Assessment. It is contemplated that the Irrigation District shall
provide pressurized irrigation water service to all Lots. In addition to any assessments made by
the Irrigation District for irrigation water, Owners may be required to pay an additional
Assessment to the Association, or in the event the pressurized irrigation system is conveyed to
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RESTRICTIONS FOR MCLINDER SUBDIVISION. NO. I Page 24 of 43
the Irrigation District, then to the Irrigation District, an additional Assessment under Idaho Code
§ 43-33OF for the operation, maintenance and repair of the pressurized irrigation system.
11.13 Uniform Rate of Assessment. Unless otherwise specifically provided herein,
Regular and Special Assessments shall be fixed at a uniform rate per Residential Lot for all
Members of the Association.
11.14 Collection and Enforcement. The Regular, Special, Limited and Irrigation
Assessments, together with interest thereon and costs of collection and reasonable attorney fees,
shall be a charge on the Residential Lot and a Personal Obligation. The right to collect and
enforce payment of the Assessments is vested in the Association.
If an Owner fails to pay an Assessment within thirty (30) days of its due date, the
Association shall prepare a written notice of Assessment setting forth the type of Assessment, the
amount of the Assessment, the amount remaining unpaid, the name of the record Owner of the
Residential Lot, and a legal description of the Residential Lot. Such notice shall be signed by the
President and Secretary of the Association, whose signatures shall be acknowledged by a notary
republic, and such notice shall be recorded in the office of the Ada County Recorder. Thereupon,
and upon the continuing failure of the Owner to pay an Assessment, the lien for Assessment
herein created may be foreclosed upon as provided by law for foreclosure of a mortgage on real
property and other real property liens. Notwithstanding anything to the contrary contained in the
Declaration and any amendment thereof, no action may be brought to foreclose the lien of any
Assessment until the expiration of thirty (30) days after written notice of default has been
deposited in the United States mail, addressed to the Owner of the Residential Lot at the street
address of the Residential Lot or the last known address of the Owner, or otherwise if shown on
the books and records of the Association. Such notice shall specify the amount and due date of
the unpaid Assessments and the legal description of the Residential Lot.
11.15 Notice and Assessment Due Date Ten (10) days prior written notice of Regular
and Special Assessments shall be sent to the Owner of every Residential Lot subject thereto, and
to any person in possession of such Residential Lot. The due dates for installment payment of
Regular Assessments and Special Assessments shall be the first day of each month unless some
other due date is established by the Board. Each monthly installment of the Regular Assessment
of Special Assessment shall become delinquent if not paid within ten (10) days after the levy
thereof. There shall accrue with each delinquent installment payment a late charge equal to ten
percent (101/o) of the delinquent installment. In addition, each installment payment which is
delinquent for more than twenty (20) days shall accrue interest at eighteen percent (18%) per
annum calculated from the date of delinquency to and including the date full payment is received
by an Association. An Association may bring an action against the delinquent Owner and may
foreclose the lien against such Owner's Residential Lot as more fully provided herein and/or
evict any Occupant therein. Each Owner is personally liable for Assessments, together with all
interest, costs and attorney's fees, and no Owner may be exempt such from such liability by a
waiver of the use and enjoyment of the Common Areas, Common Facilities or by lease or
abandonment of such Owner's Residential Lot.
11.16 Estoppel Certificate. The Association, upon at least twenty (20) days prior
written request, shall execute, acknowledge and deliver to the party making such request, a
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RESTRICTIONS FOR MCLINDER SUBDIVISION NO. I Page 25 of 43
statement in writing stating whether or not, to the knowledge of the Association, a particular
Residential Lot Owner is in default under the provisions of this Declaration, and further stating
the dates to which any Assessments have been paid by the Owner. Any such certificate
delivered pursuant to this paragraph may be relied upon by any prospective purchaser or
mortgagee of the Owner's Residential Lot. Reliance on such Certificate may not extend to any
default as to which the signor shall have had no actual knowledge. The Association shall have
the right to charge a reasonable fee for certification herein provided.
11.17 Special Notice and Quorum Requirements. Notwithstanding anything to the
contrary contained in either the Bylaws or the Articles, written notice of any meeting called for
the purpose of levying a Special Assessment, or for the purpose of obtaining a membership vote
in connection with an increase in the Regular Assessment, shall be sent to all Members of the
Association and to any person in possession of Residential Lot, not less than fifteen (15) days
nor more than thirty (30) days before such meeting. At the first such meeting called, the
presence of Members or of proxies entitled to cast sixty percent (60%) of the total votes of the
Association shall constitute a quorum. If such quorum is not present, subsequent meetings may
be called subject to the same notice requirement, and the required quorum at the subsequent
meetings shall be fifty percent (50%) of the quorum required at the preceding meeting. No such
subsequent meeting shall be held more than thirty (30) days following the preceding meeting.
For the purpose of quorum the Owner can attend by teleconference or video conferencing
services as established by the Association's Rules, subject to ability of the Association to verify
the identity of the Owner.
ARTICLE 12 - ENFORCEMENT OF ASSESSMENT; LIENS
12.1 Right to Enforce. The Association has the right to collect and enforce its
Assessments pursuant to the provisions hereof. Each Owner of Residential Lot, upon becoming
an Owner of such Residential Lot, shall be deemed to covenant and agree to pay each and every
Assessment provided for in this Declaration and agrees to the enforcement of all Assessments in
the manner herein specified. In the event an attorney or attorneys are employed for the
collection of any Assessment, whether by suit or otherwise, or to enforce compliance with or
specific performance of the terms and conditions of this Declaration, each Owner agrees to pay
reasonable attorney's fees in addition to any other relief or remedy obtained against such Owner.
The Board or its authorized representative may enforce the obligations of the Owners to pay such
Assessments by commencement and maintenance of a suit at law or in equity, or the Board may
exercise the power of foreclosure and sale pursuant to paragraph 12.3 to enforce the liens created
hereby. A suit to recover a money judgment for an unpaid Assessment shall be maintainable
without foreclosing or waiving the lien hereinafter provided.
12.2 Assessment Liens.
A. Creation. There is hereby created a claim of lien with power of sale
on each and every Building Lot to secure payment of any and all Assessments levied against
such Building Lot pursuant to this Declaration together with interest thereon at the maximum
rate permitted by law and all costs of collection which may be paid or incurred by the
Association making the Assessment in connection therewith, including reasonable attorney's
fees. All sums assessed in accordance with the provisions of this Declaration shall constitute a
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RESTRICTIONS FOR MCLINDER SUBDIVISION NO. I Page 26 of 43
lien on such respective Building Lot upon recordation of a claim of lien with the Ada County
Recorder. Such lien shall be prior and superior to all other liens or claims created subsequent to
the recordation of the notice of delinquency and claim of lien except for tax liens for real
property taxes on any Residential Lot and Assessments on any Residential Lot in favor of any
municipal or other governmental assessing body which, by law, would be superior thereto.
B. Claim of Lien. Upon default of any Owner in the payment of any
Regular, Special or Limited Assessment issued hereunder, the Association may cause to be
recorded in the office of the Ada County Recorder a claim of lien. The claim of lien shall state
the amount of such delinquent sums and other authorized charges (including the cost of
recording such notice), a sufficient description of the Residential Lot(s) against which the same
have been assessed, and the name of the record Owner thereof. Each delinquency shall
constitute a separate basis for a notice and claim of lien, but any number of defaults may be
included within a single notice and claim of lien. Upon payment to the Association of such
delinquent sums and charges in connection therewith or other satisfaction thereof, the
Association shall cause to be recorded a further notice stating the satisfaction of relief of such
delinquent sums and charges. The Association may demand and receive the cost of preparing
and recording such release before recording the same.
12.3 Method of Foreclosure. Such lien may be foreclosed by appropriate action in
court or by sale by the Association establishing the Assessment, its attorney or other person
authorized to make the sale. Such sale shall be conducted in accordance with the provisions of
the Idaho Code applicable to the exercise of powers of sale permitted by law. The Board is
hereby authorized to appoint its attorney, any officer or director of the Association, or any title
company authorized to do business in Idaho as trustee for the purpose of conducting such power
of sale or foreclosure.
12.4 Required Notice. Notwithstanding anything contained in this Declaration to the
contrary, no action may be brought to foreclose the lien created by recordation of the notice of
delinquency and claim of lien, whether judicially, by power of sale or otherwise, until the
expiration of thirty (30) days after a copy of such claim of lien has been deposited in the United
States mail, certified or registered, postage prepaid, to the Owner of the Residential Lot(s)
described in such notice of delinquency and claim of lien, and to the person in possession of such
Residential Lot(s) and a copy thereof is recorded by the Association in the Office of the Ada
County Recorder.
12.5 Subordination to Certain Trust Deeds. The lien for the Assessments provided
for herein in connection with a given Residential Lot shall not be subordinate to the lien of any
deed of trust or mortgage except the lien of a first deed of trust or first mortgage given and made
in good faith and for value that is of record as an encumbrance against such Residential Lot prior
to the recordation of a claim of lien for the Assessments. Except as expressly provided in
paragraph 12.6 with respect to a first mortgagee who acquires title to Residential Lot, the sale or
transfer of any Residential Lot shall not affect the Assessment lien provided for herein, nor the
creation thereof by the recordation of a claim of lien, on account of the Assessments becoming
due whether before, on, or after the date of such sale or transfer, nor shall such sale or transfer
diminish or defeat the personal obligation of any Owner for delinquent Assessments as provided
for in this Declaration.
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RESTRICTIONS FOR MCLINDER SUBDIVISION NO. 1 Page 27 of 43
12.6 Rights of Mortgagees. Notwithstanding any other provision of this Declaration,
no amendment of this Declaration shall operate to defeat the rights of the Beneficiary under any
deed of trust upon a Residential Lot made in good faith and for value, and recorded prior to the
recordation of such amendment, provided that after the foreclosure of any such deed of trust such
Residential Lot shall remain subject to this Declaration as amended.
ARTICLE 13 - INSPECTION OF ASSOCIATION'S BOOKS AND RECORDS
13.1 Member's Right of Inspection. The membership register, books of account and
minutes of meetings of the Board and committee of an Association shall be made available for
inspection and copying by any Member of the Association or by such Member's duly appointed
representatives, at any reasonable time and for a purpose reasonably related to such Member's
interest as a Member at the office of the Association or at such other place as the Board of such
Association shall prescribe, provided such place is within ten (10) miles of the Subdivision. No
Member or any other person, except Grantor, shall copy the membership register for the
purposes of solicitation of or direct mailing to any Member of the Association.
13.2 Rules Regarding Inspection of Books and RecordsThe Board shall establish
reasonable rules with respect to:
A. Notice to be given to the custodians of the records by the persons
desiring to make the inspection or copy of the same.
B. Hours and days of the week when such an inspection and copying may
be made.
C. Payment of the cost of reproducing copies of documents requested
pursuant to this Article 13.
13.3 Director's Rights of Inspection. Every director of the Board shall have the
absolute right at any reasonable time to inspect all books, records and documents of the
Association of which he is a director and the physical properties owned or controlled by the
Association. The right of inspection by a director includes the right to make extracts and copies
of any said books, records or documents.
ARTICLE 14 - ARCHITECTURAL CONTROL COMMITTEE
14.1 Creation. Within thirty (30) days of the date on which the Grantor first conveys
a Residential Lot to an Owner, the Grantor shall appoint three (3) individuals to serve on the
Architectural Control Committee ("Architectural Control Committee"). Each member of the
Architectural Control Committee shall hold office until such time as such member has resigned
or has been removed, or such member's successor has been appointed, as provided herein. A
member of the Architectural Control Committee need not be an Owner. Members of the
Architectural Control Committee may be removed by the person or entity appointing them at any
time without cause.
14.2 Grantor's Right of Appointment. At all times prior to the Transition Date,
Grantor shall have the exclusive right to appoint and remove all members of the Architectural
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RESTRICTIONS FOR MCLINDER SUBDIVISION NO. 1 Page 28 of 43
Control Committee. At all other times, the Association Board shall have the right to appoint and
remove all members of the Architectural Control Committee. If a vacancy on the Architectural
Control Committee occurs and a permanent replacement has not yet been appointed, Grantor or
the Board, as the case may be, may appoint an acting member to serve for a specified temporary
period not to exceed one (1) year.
14.3 Architectural Control Committee Rules and Fees. The Architectural Control
Committee also may establish rules and/or guidelines setting forth procedures for and the
required content of the applications and plans submitted for approval. Such rules may require a
fee to accompany each application for approvals or additional factors which it will take into
consideration in reviewing submissions. The Architectural Control Committee shall determine
the amount of such fee in a reasonable manner. Such fees shall be used to defray the costs and
expenses of the Architectural Control Committee, including the cost and expense of hiring an
architect licensed by the State of Idaho, as provided above, or for such other purposes as
established by the Board, and such fee shall be refundable to the extent not expended for the
purposes herein stated. If plans submitted are the same or substantially similar to plans
previously approved by the Architectural Control Committee, fees may be reduced for such
application approvals. Such rules and guidelines may establish, without limitation, 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
14.4 Adoption of Architectural Control Committee Design Standards. Initially the
Grantor and ultimately the Architectural Control Committee shall have the power to promulgate
Architectural Control Committee Design Standards relating to the planning, construction,
alteration, modification, removal or destruction of Buildings and other Improvements within the
Property deemed necessary or desirable by the Grantor or the Architectural Control Committee,
as the case may be, to carry out the purposes of this Declaration. All Architectural Control
Committee Design Standards shall be consistent with the provisions of this Declaration. The
Architectural Control Committee Design Standards may contain provisions not limited to design
standards, exterior finishes and colors, fences, landscaping, exterior lighting, mailboxes and the
like. They may also include policies, procedures, and rules, which in the discretion of the
Architectural Control Committee are reasonable to maintain a quality subdivision and to protect
property values. The Owner shall review and be familiar with the current Architectural Control
Committee Design Standards, copies of which are available from the Grantor, the Grantor's
marketing representative and at various title and escrow companies, including Title One.
14.5 Review of Proposed Construction. No construction, alteration, or modification
of any Improvements shall be permitted within the Property without the prior approval of the
Architectural Control Committee. The Architectural Committee shall consider and act upon any
and all proposals or 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, including the inspection of construction in progress to assure its conformance with plans
approved by the Architectural Control Committee. The Board shall have the power to determine,
by rule or other written designation consistent with this Declaration, which types of
improvements shall be submitted for Architectural Control Committee review and approval. The
Architectural Committee shall have the power to hire an architect, licensed with the State of
Idaho, to assist the Architectural Committee in its review of proposals or plans and specifications
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. 1 Page 29 of 43
submitted to the Architectural Committee.The Architectural Control Committee shall take into
consideration the aesthetic aspects of the architectural designs, placement of building,
landscaping, color schemes, exterior finishes and materials and similar features, but shall not be
responsible for reviewing, nor shall its approval of any plan or design be deemed approval of any
plan or design from the standpoint of structural safety or conformance with building or other
codes.
14.6 Detailed Plans. The Architectural Control Committee may require such detail in
plans and specifications submitted for its review as it deems proper, including, without
limitation, floor plans, site plans, landscape plans, drainage plans, elevation drawings, and
descriptions or samples of exterior material and colors. Until receipt of such details, the
Architectural Control Committee may postpone review of any plan submitted for approval
14.7 Conditions on Approval. The Architectural Control Committee may condition
its approval of proposals or plans and specifications upon such changes therein as it deems
appropriate, and/or upon the agreement of the Applicant to reimburse the Association for the cost
of additional maintenance, and may require submission of additional plans and specifications or
other information before approving or disapproving material submitted.
14.8 Application. To request Architectural Control Committee approval for the
construction, alteration, modification, removal or demolition of any Improvements within the
Property, the Owner shall submit a written application in a form and delivered as required by the
Architectural Control Committee which must be signed by the Owner and contain all
information requested and be accompanied by all other material to he submitted as hereafter
provided.
All applications must contain, or have submitted therewith, at least the following material
(collectively called "Plans and Specifications") prepared in accordance with acceptable
architectural standard and submitted with the application form, if any, approved by the
Architectural Control Committee:
A. Site Plan. A site plan showing the location of building(s) and all other
structures, and Improvements including fences and walls on the Lot, Lot drainage and all set-
backs, curb cuts, driveways, parking areas and other pertinent information relating to the
improvements.
B. Building Plan. A building plan which shall consist of preliminary or final
blue prints, elevation drawings of the north, south, east and west sides, and detailed exterior
specifications which shall include, by sample if required by the Architectural Control
Committee, all exterior colors, materials and finishes, including roof shingles, proposed to be
used.
C. Landscape Plan. A landscape plan for portions of the Lot to be
landscaped shall show the location, type and size of trees, plants, ground cover, shrubs, berming
and mounding, grading, drainage, sprinkler system, fences, freestanding exterior lights,
driveways, parking areas and walkways.
DECLARATION OF COVENANTS, CONDITIONS AND
I RESTRICTIONS FOR MCLINDER SUBDIVISION NO. 1 Page 30 of 43
14.9 Architectural Control Committee Decisions. In reviewing the application and
the materials submitted therewith and in reaching a decision thereon, the Architectural Control
Committee shall use its best efforts and judgment to assure that all Improvements shall produce
and contribute to an orderly and aesthetically complementary design and appearance and be of
the quality required to maintain the Property as a quality residential development. The
Architectural Control Committee may, in its discretion, require the Owner to furnish additional
materials beyond those required herein.
A. Written Decision. Unless extended by mutual consent of the Owner and the
Architectural Control Committee, the Architectural Control Committee shall render its decision
with respect to an application within forty-five (45) days after the receipt of a properly submitted
application. The decision of the Architectural Control Committee can be in the form of an
approval, a conditional approval or denial with detailed reasons specific to each application. The
decision of the Architectural Control Committee shall be in writing, signed by a member of the
Architectural Control Committee, dated, and a copy thereof mailed to the Owner at the address
shown on the application.
B. Conditional Approval. A conditional approval shall set forth with
particularity the conditions upon which the application is approved and the Owner shall be
required to affix a copy of said conditions to the working drawings or blueprints which are to be
kept on the jobsite during the entire course of the work to which said plans relate.
14.10 Meetings of the Architectural Control Committee. The Architectural Control
Committee shall meet from time to time as necessary to perform its duties hereunder. The
Architectural Control Committee may from time to time by resolution unanimously adopted in
writing, designate an Architectural Control Committee representative (who may, but need not be,
one of its members) to take any action or perform any duties for and on behalf of the
Architectural Committee, except the granting of variances. In the absence of such designation,
the vote of any two (2) members of the Architectural Control Committee, or the written consent
of any two (2) members of the Architectural Control Committee taken without a meeting, shall
constitute an act of the Architectural Control Committee.
14.11 No Waiver of Future Approvals. The approval of the Architectural Control
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
Architectural Control 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.
14.12 Inspection and Complaints
A. During Construction. The Architectural Control Committee is
empowered to inspect all work in progression on any Lot at any time. Such inspection shall be
for the purpose of determining whether the Owner is proceeding in accordance with the approved
application or is deviating therefrom or is violating this Declaration or the Architectural Control
Committee Design Standards or the approved plans and specifications. Inspection of work and
correction of defects therein shall proceed as follows:
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. 1 Page 31 of 43
Should the Architectural Control Committee determine that there has been a deviation or
a violation, it shall promptly issue a notice in writing thereof to the Owner, which notice shall
specify the particulars of the deviation or violation and shall demand that the Owner conform to
either or both of the following directives:
i. The Owner shall immediately cease the activity which
constitutes a deviation or violation; and/or
ii. The Owner shall adhere to the corrective measures set forth
in the written Notice
Should the Architectural Control Committee determine there has been no deviation or
violation, it shall promptly issue notice of such determination to the Owner.
B. After Completion of Construction. Upon the completion of any work
for which approved plans are required under this Article 14, the Owner shall give written notice
of completion to the Architectural Control Committee.
I. Within sixty (60) days thereafter, the Architectural Control
Committee or its duly authorized representative may inspect such Improvement. If the
Architectural Committee finds that such work was not done in substantial compliance with the
approved plans, it shall notify the Owner in writing of such noncompliance within such sixty
(60) day period, specifying the particular noncompliance, and shall require the Owner to remedy
the same.
ii. If upon the expiration of thirty (30) days from the date of such
notification, or any longer time the Architectural Control Committee determines to be
reasonable, the Owner shall have failed to remedy such noncompliance, the Architectural
Control Committee shall notify the Board in writing of such failure. Upon notice and hearing, as
provided in the Bylaws, the Board shall determine whether there is a noncompliance and, if so,
the nature thereof and the estimated cost of correcting or removing the same. If a noncompliance
exists, the Owner shall remedy or remove the same within a period of not more than forty-five
(45) days from the date of the announcement of the Board ruling unless the Board specifies a
longer time as reasonable. If the Owner does not comply with Board ruling within such period,
the Board, at its option, may either remove the non -complying improvement or remedy the
noncompliance, and the Owner shall reimburse the Association, upon demand, for all expenses
incurred in connection therewith. If such expenses are not promptly repaid by the Owner to the
Association, the Board shall levy a Limited Assessment against such Owner for reimbursement
pursuant to this Declaration.
iii. If for any reason the Architectural Committee fails to notify the
Owner of any noncompliance with sixty (60) days after receipt of the written notice of
completion from the Owner, the work shall be deemed to be in accordance with the approved
plans.
14.13 Interpretation and Enforcement. The Architectural Control Committee shall
have the authority to interpret and enforce any or all restriction and covenants of this Declaration
as they pertain to the Lots or Improvements thereon. The Architectural Control Committee shall
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. I Page 32 of 43
have the authority to pursue whatever action or litigation required to cause any Owner to remove
and replace any element that the Architectural Control Committee interprets as deficient or
outside this Declaration or the Architectural Control Committee Design Standards. This right of
Enforcement can include the Architectural Control Committee hiring any or all such work to be
done and encumbering the Lot on which said work takes place with a lien for the full amount of
the cost of said work plus any other costs the Architectural Control Committee may incur in
such enforcement.
14.14 Enforcement. The Architectural Control Committee, upon approval by the
Board, shall be authorized on behalf and in the name of the Association to commence such legal
or equitable proceedings as are determined by it to be necessary or proper to correct or enjoin
any activity or condition existing within the Property, the continuation of which violate the
provisions of this Declaration, the Architectural Control Committee Design Standards or the
approved plans and specifications.
A. The Architectural Control Committee shall not commence such legal or
equitable proceedings until a written notice of the deviation or violation has been appropriately
prepared and given to the Owner but thereafter the Architectural Control Committee shall have
the sole discretion to commence such proceedings.
B. The authority of the Architectural Control Committee as herein provided shall
include the power to retain legal counsel and expert witnesses, pay filing fees, deposition costs,
witness fees and all other ordinary and necessary expenses incurred in commencing and carrying
out said legal or equitable proceedings, all of which costs shall be paid by the Association.
C. In the event the Architectural Control Committee and/or Association shall
prevail in any such legal or equitable proceedings, all costs and expenses incurred in connection
therewith including, but not limited to, attorneys' fees shall be reimbursed to the Association by
the Owner against whom said proceedings are filed and upon the failure of said Owner to
reimburse the Association within five (5) days after written demand therefor is mailed to the
Owner, the Association shall have the right to levy a Limited Assessment and/or Fine against the
Owner and the Lot owned by said Owner, which Assessment shall be equal to said costs and
expenses incurred plus any additional costs and expenses incurred in levying the Assessment.
Said Limited Assessment shall be due and payable at such time or in such installments as may be
determined by the Board, in its sole discretion. The failure of the Owner to pay said
Assessments, or any installment thereof when due, shall be enforceable in the manner provided
in Articles 1 I and 12 above.
D. Additional Damage. In addition to the costs and expenses to be reimbursed
by the Owner, all other costs, expenses and damages determined by the Board to be proximately
caused by the deviation or violation or the costs and expenses incurred by the Association to
correct the same shall be assessed as a Limited Assessment against the Owner and the Lot owned
by said Owner, which Limited Assessment shall be due and payable at such time or in such
installments as determined by the Board, in its sole discretion. The failure of the Owner to pay
said Assessments, or any installment thereof when due, shall be enforceable in the manner
provided in Articles 11 and 12 above.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. 1 Page 33 of 43
14.15 Non-exclusive remedy. The right of the Association to
y gh levy a Limited
Assessment as described above, shall not be deemed to be an exclusive remedy of the
Association and it may, in its sole discretion, without waiver or any other legal or equitable
remedy, pursue enforcement of the lien of said Limited Assessments(s) proceed to collect any
amount due directly from the Owner and/or pursue any other remedies available at law or equity.
14.16 Non -Liability of Architectural Control Committee Members. Neither the
Architectural Control Committee nor any member thereof, nor its duly authorized representative,
shall be liable to the Association, or to any Owner or Grantor for any loss, damage, or injury
arising out of or in any way connected with the performance of the Architectural Control
Committee's duties hereunder, unless due to the willful misconduct or bad faith of the
Architectural Control Committee, the member thereof or its duly authorized representative.
14.17 Variances The Architectural Control Committee may authorize variances from
compliance with any of the architectural provisions contained in this Declaration, Design
Standards, rules and standards adopted by the Architectural Control Committee, or any prior
approval, when in the sole discretion of the Architectural Control Committee, 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 Architectural Control Committee, and shall become effective upon recordation
in the office of the county Recorder of Ada County.
If such a variance is granted as provided herein, no violation of the covenants, conditions
or restrictions contained in this Declaration, Design Standards, the rules and standards adopted
by the Architectural Control Committee or the prior approval granted shall be deemed to have
occurred with respect to the matter for which the variance was granted. The granting of such a
variance shall not operate to waive any of the terms and provisions of this Declaration for any
purpose except as to the specific Lot and subject matter covered by the variance, nor shall it
affect any way the Owner's obligation to comply with all governmental laws and regulations
affecting such Owners use of the Residential Lot, including but not limited to zoning ordinances
or requirements imposed by any governmental or municipal authority.
The Architectural Control Committee shall have the right to consider and grant variance
as herein provided either with or without notice to other Owners or a hearing of Owners thereon.
14.18 Grantor's Exemption. Any and all Improvements constructed by Grantor on or
to the Property are not subject to review and approval by the Architectural Control Committee.
14.19 Certification by Secretary. The Architectural Control Committee shall, upon
written request, certify that improvements upon any Lot comply with this Declaration and have
been duly approved by the Architectural Control Committee, or in the event said building or
other Improvements do not so comply, specifying the extent of noncompliance.
14.20 Compensation of Members. The members of the Architectural Control
Committee shall receive no compensation for services rendered, but shall be entitled to
reimbursement for expense incurred by them in the performance of their duties hereunder and
except as otherwise agreed by the Board.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. 1 Page 34 of 43
ARTICLE 15 - ANNEXATION OF ADDITIONAL PROPERTIES
15.1 By Grantor. Grantor intends to develop the Property and other properties and
may, in Grantor's sole discretion, deem it desirable to annex some or all of such properties to the
Property covered by this Declaration. Tracts may be annexed to the Property and brought within
the provisions of this Declaration as provided herein by Grantor, its successors or assigns, at any
time, and from time to time, without the approval of any Owner or Association. The use and
development of such Tracts shall conform to all applicable land use regulations; as such
regulations are modified by variances. As such annexed property is developed, Grantor shall
record a Supplemental Declaration with respect thereto which shall annex such property to the
Subdivision and which may supplement this Declaration with respect to such property with
additional or different covenants, conditions, restrictions, reservations and easements as the
Grantor may deem appropriate therefore and may delete or modify as to such annexed property
such covenants, conditions, restrictions, reservations and easements as are contained herein
which the Grantor deems not appropriate for the annexed property.
15.2 By Association. Following the Transition Date, Tracts may be created, subject to
the same conditions, by the Association upon the exercise by Members of at least two-thirds
percent (2/3%) of the votes of the Association.
15.3 Rights and Obligations of Owners of Annexed Tracts. Subject to the
provisions hereof, upon the recording of a Supplemental Declaration as to any Tract all
provisions contained in the Declaration shall apply to the Tract in the same manner as if it were
originally covered by this Declaration, subject to such modifications, changes and deletions as
are specifically provided in such Supplemental Declaration, such Tract shall be treated for all
purposes as a Tract as defined above. The Owners of lots located in the Tracts shall become
members of the Association and shall become liable for their appropriate share of Assessments.
Title to the Common Areas which are to be owned and managed by the Association within said
Tracts shall be conveyed to the Association, free and clear of any and all encumbrances and
liens, subject to reservations, easements, covenants, conditions and restrictions then of record
including those set forth in this Declaration or any Supplemental Declaration applicable to such
Tracts.
15.4 Method of Annexation. The addition of a Tract to the Property authorized under
Sections 15.1 and 15.2 shall be made by filing of record a Supplemental Declaration or other
similar instrument with respect to the Tract, which shall be executed by Grantor or the Owner
thereof and which shall annex such property to the Property. Thereupon each Tract shall be part
of the Property, shall be subject to this Declaration and encompassed within the general plan and
scheme hereof as modified by such Supplemental Declaration, and shall be subject to the
functions, powers, and jurisdiction of the Association established for the area encompassing such
Tract. Such Supplemental Declaration or other appropriate document may contain such
additions, modifications or deletions as may be deemed by Grantor or the Owner thereof
desirable to reflect the different character, if any, of the Tract, or as Grantor or such Owner may
deem appropriate in the development of the Tract. If any Tract is created, the Association shall
have the authority to levy Assessments against the Owners located within such Tract, and the
Association shall have the duty to maintain additional Common Area located within the Tract if
so specified in any Supplemental Declaration.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. I Page 35 of 43
15.5 De -annexation. Grantor may delete all or a portion of the Property, including
previously annexed Tracts, from the Property and from coverage of this Declaration and the
jurisdiction of the Association so long as Grantor is the owner of all such Tracts and provided
that a Supplemental Declaration of Deletion of Property is recorded in the Office of the Ada
County Recorder in the same manner as a Supplemental Declaration of annexation. Members
other than Grantor as described above, shall not be entitled to de -annex all or any portion of a
Tract except on the favorable vote of seventy-five nercent (75%) of all members of the
Association and written approval of Grantor so long as Grantor owns any portion of the Property.
ARTICLE 16 - EASEMENTS
16.1 Easements of Encroachment. There shall be reciprocal appurtenant easements
of encroachment as between each Residential Lot and such portion or portions of the Common
Area adjacent thereto or as between adjacent Residential Lots due to the unwillful placement or
settling or shifting of the sidewalks and driveways constructed, reconstructed or altered thereon
in accordance with the terms of this Declaration. Easements of encroachment shall be valid only
so long as they exist, and the rights and obligations of Owners shall not be altered in any way
because of encroachments, settling or shifting of the Improvements; provided, however, that in
no event shall a valid easement for encroachment occur due to the willful act or acts of an
Owner. In the event a structure on any Residential Lot is partially or totally destroyed, and then
repaired or rebuilt, the owners of each Residential Lot agree that minor encroachments over
adjoining Residential Lots that existed prior to the encroachment may be reconstructed pursuant
to the easement granted by this paragraph 16.1
16.2 Easements of Access. All Owners of Residential Lots will have a perpetual
easement for access, ingress and egress over the Common Area, including but not limited to the
private streets, cul-de-sacs and walkways. Such easements shall run with the land, and may be
used by Grantor, and by all Owners, their guests, tenants and invitees, residing on or temporarily
visiting the Property, for pedestrian walkways, vehicular access and such other purposes
reasonably necessary for the use and enjoyment of a Residential Lot or Common Area.
16.3 Drainage and Utility Easements. Grantor expressly reserves for the benefit of
all the Property reciprocal easements of access, ingress and egress for all Owners to and from
their respective Residential Lots for installation and repair of utility services and facilities of all
kinds, including radio and television transmission cables, for drainage of water over, across and
upon adjacent Residential Lots, and Common Areas, resulting from the normal use of adjoining
Residential Lots or Common Areas, and for necessary maintenance and repair for any
improvement including fencing, retaining walls; lighting facilities, mailboxes and sidewalk
abutments, trees, and landscaping. Notwithstanding anything expressly or impliedly contained
herein to the contrary, this Declaration shall be subject to all easements heretofore or hereafter
granted by Grantor for the installation and maintenance of utilities and drainage facilities that are
required for the development of the Property. In addition, Grantor hereby reserves for the
benefit of the Association the right to grant additional easements and rights-of-way over the
Property, as appropriate
16.4 Improvement of Drainage and Utility Easement Areas. The owners of
Residential Lots are hereby restricted and enjoined from constructing any Improvements upon
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. 1 Page 36 of 43
any drainage or utility easement areas as shown on the Plat or otherwise designated in any
recorded document which would interfere with or prevent the easement from being used for such
purpose; provided, however, that the Owner of such Residential Lot and the Grantor, Association
or designated entity with regard to the Landscaping Easement described in this Article 16, shall
be entitled to install and maintain landscaping on such easement areas, and also shall be entitled
to build and maintain fencing on such easement areas subject to approval by the Association
and/or the Architectural Control Committee, so long as the same would not interfere with or
prevent the easement areas from being used for their intended purposes; provided, that any
damage sustained to Improvements on the easement areas as a result of legitimate use of the
easement areas shall be the sole and exclusive obligation of the Owner of the Residential Lot
whose Improvements were so damaged.
16.5 Rights and Duties Concerning Utility Easements. The rights and duties of the
Owners of the Residential Lots within the Property with respect to utilities shall be governed by
the following:
A. Wherever utility house connections are installed within the Property, which
connections or any portions thereof lie in or upon Residential Lots owned by an Owner other
than the Owner of the Residential Lot served by the connections, the Owner of the Residential
Lot served by the connections shall have the right, and is hereby granted an easement to the full
extent necessary therefor, to enter upon any Residential Lot or to have their agent enter upon any
Residential Lot within the Property in or upon which said connections or any portion thereof lie,
to repair, replace and generally maintain the connections as and when it may be necessary.
B. Whenever utility house connections are installed within the Property, which
connections serve more than one Residential Lot, the Owner of each Residential Lot served by
the connections shall be entitled to full use and enjoyment of such portions of said connections as
service to such Owner's Residential Lot.
16.6 Driveway Easements. Whenever a driveway is installed within the Property
which in whole or in part lies upon a Residential Lot owned by an Owner other than the Owner
of the Residential Lot served by such driveway, or whenever a driveway is installed to serve
more than one Residential Lot, the Owner of each Residential Lot served or to be served by such
driveway shall be entitled to full use and enjoyment of such other Residential Lot as required to
service such Owner's Residential Lot or to repair, replace, or maintain such driveway.
16.7 Disputes as to Sharing of Costs. In the event of a dispute between Owners with
respect to the repair or rebuilding of utility connections or driveways, or with respect to the
sharing of the cost therefor, upon written request of one of such Owners addressed to the
Association, the matter shall be submitted to the Board which shall decide the dispute and, if
appropriate, make an appropriate Assessment against any or all of the Owners involved on behalf
of the prevailing Owner(s), which Assessment shall be collected and enforced in the manner
provided by this Declaration for Limited Assessments.
16.8 Fagade and Exterior Maintenance Easement. An easement is hereby reserved
to the Association, its contractors, and agents to enter on and upon portions of Residential Lots,
Common Area, and Common Facilities for the purpose of maintaining, painting, repainting, and
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. 1 Page 37 of 43
repairing the entire facade and exterior elements of buildings on Residential Lots, Common
Area, and Common Facilities; whether for the routine and scheduled maintenance, painting,
repainting or repairing of Residential Lots, Common Area, and Common Facilities or in order to
correct violations of this Declaration, the Association Rules, or the Design Standards and rules of
the Architectural Control Committee.
16.9 General Landscape Easement. An easement is hereby reserved to the
Association, its contractors and agents, to enter those portions of Residential Lots, for the
purpose of installing, maintaining, replacing, and restoring exterior landscaping, and natural
vegetation and habitat. Such landscaping activity shall include, by way of illustration and not of
limitation, the mowing of lawns, irrigation, sprinkling, tree and shrub trimming and pruning,
walkway improvement, seasonal planting, and such other landscaping activities within the
Property as such Association shall determine to be necessary from time to time.
16.10 Maintenance and Use Easement Between Walls and Lot Lines. Whenever the
wall of a structure, or a fence or retaining wall legitimately constructed on a Residential Lot
under plans and specifications approved by the Architectural Control Committee is located
within five (5) feet of the lot line of such Residential Lot, the Owner of such Residential Lot is
hereby granted an easement over and on the adjoining Residential Lot (not to exceed five (5)
feet from the Residential Lot line) for purposes of maintaining and repairing such wall or fence
and eaves or other overhangs, and the Owner of such adjoining Residential Lot is hereby granted
an easement for landscaping purposes over and on the area lying between the lot line and such
structure or fence so long as such use does not cause damage to the structure or fence.
16.11 Waterway Easements. Grantor hereby reserves for the benefit of the
Association an easement for all Waterways and related pipes, pumps and other equipment over,
across and under all Residential Lots and Common Areas, to the extent reasonably required to
maintain any water system installed by Grantor on the Property or pursuant to plans and
specifications approved by the Architectural Control Committee. Any relocation of the water
lines installed as a part of such system shall not be undertaken in any way which interrupts the
flow of water through the system or damages the system in any other fashion. Grantor reserves
the right to make any reconfiguration of any Waterway which it determines, in its own
discretion, to be necessary, expedient or desirable, provided, however, that nothing herein shall
reserve unto Grantor the right to take any action which would disturb, encroach upon, or
endanger the foundation of any building, nor shall Grantor take any action which would
materially alter any Waterway's proximity to improved property abutting such Waterways.
16.12 Sewer Covenants and Restrictions. All Residential Lots within the Property
shall be subject to and restricted by the following covenants and restrictions:
A. A monthly sewer charge must be paid after connecting to the Meridian
City public sewer system, according to the ordinances and laws of Meridian City.
B. The Grantor shall have the right and power to bring all actions against
the Owner of the Property conveyed or any part thereof for the collection of any charges herein
required and to enforce the conditions herein stated. This covenant shall run with the land.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. 1 Page 38 of 43
16.13 Specific Landscape Easement. Grantor hereby reserves for the benefit of the
Association a perpetual Landscape Easement. Such easement shall allow the Association to
install and maintain the berms, lawn, retaining walls, fences, and landscaping within the area
defined as the Landscape Easement.
ARTICLE 17 - MISCELLANEOUS
17.1 Term. The easements created hereunder shall be perpetual, subject only to
extinguishment by the holders of such easements as provided by law. The covenants, conditions,
restrictions, and equitable servitudes of this Declaration shall run with the land until December
31, 2044, unless amended as herein provided. After December 31, 2044, such covenants,
conditions, and restrictions shall be automatically extended for successive periods of ten (10)
years each, unless amended or extinguished by a written instrument executed by Members
holding at least three-fourths (3/4) of the voting power of the Association and such written
instrument is recorded with the Ada County Recorder. Further provided that the Association
shall not be dissolved without the prior written approval of the City of Meridian and Ada County
Highway District, such consent not to be unreasonably withheld provided that a responsible
successor organization shall agree to perform those maintenance responsibilities arising from
applicable city and county governmental requirements.
17.2 Amendment.
A. By Grantor. Until the recordation of the first deed to a Residential Lot
in the Property, the provisions of this Declaration may be amended, modified, clarified,
supplemented, added to (collectively, "amendment") or terminated by Grantor by recordation of
a written instrument setting forth such amendment or termination.
B. By Owners. Except where a greater percentage is required by express
provision in this Declaration, the provisions of this Declaration, other than this Article 17, any
amendment shall be by an instrument in writing signed and acknowledged by the president and
secretary of the Association certifying and attesting that such amendment has been approved by
the vote or written consent of Owners representing more than fifty percent (50%) of the votes in
the Association, and such amendment shall be effective upon its recordation with the Ada
County Recorder. Any amendment to this Article 17 shall require the vote or written consent of
all Members of the Association.
C. No amendment to this Declaration shall apply retroactively to
approvals previously granted by the Architectural Control Committee or to improvements
constructed or being constructed pursuant thereto.
D. Effect of Amendment. Any amendment of this Declaration approved
in the manner specified above shall be binding on and effective as to all Owners and their
respective properties notwithstanding that such Owners may not have voted for or consented to
such amendment. Such amendments may add to and increase the covenants, conditions,
restrictions, and easements applicable to the Property but shall not prohibit or unreasonably
interfere with the allowed uses of such Owner's property which existed prior to the said
amendment.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. 1 Page 39 of 43
17.3 Notices. Any notices permitted or required to be delivered as provided herein
shall be in writing and it may be delivered either personally or by mail. If delivery is made by
mail, it shall be deemed to have been delivered seventy-two (72) hours after the same has been
deposited in the United States mail, postage prepaid, addressed to any person at the address
given by such person if no address has been given to the Association. Such address may be
changed from time to time by notice in writing to the Association, as provided in this
paragraph 17.3.
17.4 Acceptance. Each Owner of a Lot, each purchaser of a Lot under contract or
agreement of sale and each holder of an option to purchase a Lot, by accepting a deed, contract
of sale or agreement or option, accepts the same subject to all of the covenants and restrictions
and other provisions set forth in this Declaration and agrees to be bound by the same.
17.5 Contracts or Agreements. The Board may enter into such contracts or
agreement on behalf of the Association as are required in order to satisfy the guidelines of the
VA, FHA, the FHLMC, the FNMA or the GNMA or any similar entity, so as to allow for the
purchase, guaranty or insurance, as the case may be, by such entities of first mortgages
encumbering Residential Lots.
17.6 Indemnification of Board Members. Each Member of the Board and each
member of the Architectural Control Committee shall be indemnified by the Owners against all
expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in
connection with any proceeding to which said member may be a party or in which said member
may become involved, by reason of being or having been a member of the Board or the
Architectural Control Committee, or any settlement thereof; whether or not said person is a
member of the Board or Architectural Control Committee at the time such expenses or liabilities
are incurred, except in such cases wherein said person is adjudicated guilty of willful
malfeasance or malfeasance in performance of his or her duets; provided that in the event of
settlement, the indemnification shall apply only when the Board or the Architectural Control
Committee approves such settlement and reimbursement as being in the best interest of the
Association or Owners. This Section shall extend to and apply also for the indemnification of
the Grantor during the initial period of operation of the Association or prior thereof during the
period the Grantors is exercising the powers of the Association.
17.7 Not a Partnership. The provisions of this Declaration are not intended to create,
nor shall they be in any way interpreted or construed to create a joint venture, partnership or any
other similar relationship between the Owners, including Grantor.
17.8 Third Party Beneficiary Rights. This Declaration is not intended to create nor
shall it in any way be interpreted or construed to create, any third party beneficiary rights in any
person or an Owner, unless otherwise expressed herein.
17.9 Enforcement and Non -Waiver. The Association, the Grantor, any Owner, or any
First mortgagee shall have the right to enforce, by proceedings of law or inequity, the terms and
provisions of this Declaration. Failure by the Association or any Owner to enforce any covenant
or restriction contained herein shall in no event be deemed a waiver of the right to do so
thereafter.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. 1 Page 40 of 43
17.10 Violations and Nuisances. The failure of any Owner of a Residential Lot to
comply with any provision hereof, or with any provision of the Articles or Bylaws of any
Association, is hereby declared a nuisance and will give rise to a cause of action in the Grantor,
the Association or any Owner of Residential Lot(s) within the Property for recovery of damages
or for negative or affirmative injunctive relief or both. However, any other provision to the
contrary notwithstanding, only Grantor, the Association, the Board, or a duly authorized agent of
any of them, may enforce by self-help any of the provisions hereof only if such self-help is
preceded by reasonable notice to the Owner.
17.11 Violation of Law. Any violation of any state, municipal, or local law, ordinance,
or regulation pertaining to the ownership, occupation or use of any property within the Property
is hereby declared to be a violation of this Declaration and subject to any or all of the
enforcement procedures set forth in this Declaration and any or all enforcement procedures in
law and equity.
17.12 Remedies Cumulative. Each remedy provided herein is cumulative and not
exclusive.
17.13 Occupant Adherence. All Occupants must comply with this Declaration the
same as an Owner. If an Occupant fails to comply with any provision of this Declaration, the
Occupant can be evicted by the Association. PRIOR TO ALLOWING AN OCCUPANT
OTHER THAN OWNER TO LEASE, RENT, OR OTHERWISE TAKE POSSESSION OF
THE RESIDENTIAL LOT, THE OWNER MUST PROVIDE FOR OCCUPANT (IN A WAY
TO BE DETERMINED BY THE ASSOCIATION) THIS DECLARATION AND THE MOST
CURRENT COPY OF THE ASSOCIATION'S RULES TO THE OCCUPANT AND HAVE
THE OCCUPANT EXECUTE AN ACKNOWLEDGEMENT OF SUCH AND AGREEMENT
TO ABIDE BY ALL PROVISIONS OF THE DECLARATION AND ASSOCIATION RULES.
17.14 Interpretation. The provisions of this Declaration shall be liberally construed to
effectuate its purpose of creating a uniform plan for the development and operation of the
Property. This Declaration shall be construed and governed under the laws of the State of Idaho.
17.15 Restrictions Construed Together. All of the provisions hereof shall be liberally
construed together to promote and effectuate the fundamental concepts of the development of the
Property as set forth in the recitals of this Declaration.
17.16 Severable. Notwithstanding the provisions of the foregoing paragraph 17.11.1,
each of the provisions of this Declaration shall be deemed independent and severable, and the
invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or
enforceability of any other provision herein.
17.17 Singular Includes Plural. Unless the context requires a contrary construction,
the singular shall include the plural and the plural singular, and the masculine, feminine, or
neuter shall each include the masculine, feminine, and neuter.
17.18 Captions. All captions and titles used in this Declaration are intended solely for
convenience or reference and shall not affect that which is set forth in any of the provisions
hereof.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. 1 Page 41 of 43
17.19 Successors and Assigns. All references herein to Grantor, Owners, any
Association, or person shall be construed to include all successors, assigns, partners, and
authorized agents of such Grantor, Owners, Association, or person.
IN WITNESS WHEREOF, the Grantor has executed this Declaration effective as of the
date first set forth above.
STATE OF IDAHO )
ss.
County of'QA )
On this ffday of September, 2014 before me, the undersigned, a Notary Public in and
for said State, personally appeared Thomas Bevan, known and identified to me to be a Member
of the limited liability company that executed the instrument or the person who executed the
instrument on behalf of said limited liability company, and acknowledged to me that such
company 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.
U A ��
CSOTA NotaryPubli or Idaho 61
Residing at Ut therein
013LIG IG My Commission Ex res: ZOZe
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DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. i Page 42 of 43
EXHIBIT A
Legal Description of the Property
McLinder Subdivision No. 1
Legal Description
A portion of the NWI/4 of Section 36, T. 4 N„ R. 1 W., B.M., City of Meridian, Ada County, Idaho, more
Particularly described as follows;
COMMENCING at an aluminum cap marking the Northwest corner of said Section 36;
Thence South 89'24'32" East, coincident with the North line of said section 36, a distance of 812.05 feet;
Thence South 0'16'26" West, 226.47 feet to the POINT OF BEGINNING;
Thence continuing South 0'16'26" West, 203.14 feet to a point on the West line of Cobblefleld Crossing
Subdivision No. 2, as shown on file in Book 93 of Plats on Page 11175, Ada County Records;
Thence South 89'24'32" East, parallel with said North line of section 36, and coincident with said West
line of Cobblefield Crossing Subdivision No. 2, a distance of 78.21 feet;
Thence South 11'42'27" West, coincident with said West line of Cobblefield Crossing Subdivision No. 2, a
distance of 79.20 feet;
Thence South 26'02'45" West, 198.42 feet to the Northeast corner of Arch Rock terrace Subdivision as
shown on file in Book 105 of Plats on Page 14348, Ada County Records;
Thence North 89'26'18" West, coincident with the North line of said Arch Rock terrace Subdivision,
750.00 feet to the East right of way line of N. Under Road;
Thence North 0"14'42" East, coincident with said East right of way line of N. Linder Road 36.60 feet;
Thence South 44052'56" East, 28.22 feet;
Thence North 89'59'26" East, 163.10 feet;
Thence North 0033'42" East, 441.58 feet;
Thence South 89'26'18" East, 588.45 feet to the POINT OF BEGINNING;
The above described parcel contains 6.51 acres, more or less.
Together with and subject to covenants, easements and restrictions of record.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MCLINDER SUBDIVISION NO. 1 Page 43 of 43