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Coltrin, Todd 40 CITY OF MERIDIAN COUNCIL MEMBERS CHARLES M. ROUNTREE GLENN R. BENTLEY RON ANDERSON KEITH BIRD ROBERT D. CORRIE Mayor PUBLIC WORKS I BUILDING DEPARTMENT GARY D. SMITH, P.E. Public Works Director July 14, 1999 Mr. & Mrs. Todd Coltrin 1001 NW. 14th Street Meridian, Idaho 83642 RE: FENCE VARIANCE REQUEST 1001 N.W. 14th Street. Dem Mr. & Mrs. Coltrin: The Fence Variance Committee of the City of Meridian met at 4:30 P.M., July 14, 1999, in City Hall to consider your request for a fence setback variance. After due consideration, the Committee decided to allow a variance request for you to construct a six (6) tall wooden fence in your side street setback mea. This fence location is as shown on the attached sketch and is subject to the following conditions: 1. The face of the fence shall be set a mlllimum of 10 feet from the ymd-side edge of sidewalk along W. State Street. 2. The grolIDd area between the fence and sidewalk shall be landscaped and maintained by you. 3. The bomd side of the fence shall face out towmd the street. 4, The City of Meridian has no jurisdiction in the enforcement of the provisions of your subdivision's Protective Covenants. We recommend that you obtain approval from your homeowner's association for this fence location. 5. We recommend that you contact Dig-Line at 342-1585 for location of lIDdergrolIDd utilities prior to excavation for your fence posts. 6. Please obtain a building pennit for this fence from the City of Meridian Building Department prior to beginning construction. Please call for an inspection after this length of fence construction is completed, Thank you for complying with the City ordinance in requesting this variance. ~~ Gmy D. Smith, PE Chainnan, Fence Committee Cc: File, Bldg.Inspector, City Clerk 200 East Carlton, Suite 100 . Meridian, Idaho 83642 Phone (208) 887-2211 . Fax (208) 887- I 297 -. '," [ -l; t t'iJs.{-. ,,' ~ lÕ4d ~\fv.\VJ ¡OOf NW 1413 ~ ¡p~ T~f,H-I'1W t E'.<ì~J . , 3'F~ : ~--- ~r , I / - ~ .. ¡ (- . ,. . \J -- ~, . ~.~ ..~: ~.~.'" . - tí' I\J : ~ \J -' Ii; ~ . It ~ .. )-l 'b IS . <~ ~ " ~ 'õ .~ '<::> IS") ----~~~ .. .: -- " ~ ....... ~ \J ~ v; m. . ," . .~"--,.,.._.-¡;.. . "'~ .,' I f)cW'tv ~ ',It 0 r\ v rJ vlO\ll N ,w.14-"ß St. SÙ¡hi- ð~ ~ i-..;, ~ ~ i ~N NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to 11.9.605 J. 10, of the Revised and Compiled Ordinances of the City of Meridian, that the Fence Variance Committee of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 4:30 o'clock P.M., on July 14, 1999, for the purpose of reviewing and considering the Application of Todd Coltrin for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 6, Block 1 of Piedmont Subdivision and known by the address 1001 NW 14th. The Applicant proposes to reduce the required distance from 20 feet to 10 feet. The public is welcome. Testimony, objections, and comments will be heard and considered by the Committee. A written decision of the Committee will be issued to the Applicant and any person requesting in Writing a copy of the decision will be furnished one. Any aggrieved party may appeal the decision of the Committee directly to the Meridian City Council pursuant to Section 11-2-416 G. 1. DATED this 28th day of June, 1999. ~~~) ANG L. S S, Deputy City Clerk CITY OF MERIDIAN Ap p wvtl 1//4-qy ~ FENCE COMMITTEE MEETING JULY 14, 1999 AGENDA FENCE COMMITTEE MEMBERS: Mr. Gary Smith, P.E., City Engineer, Chairman Mr. Keith Bird, City Council Member Mr. Bill Gordon, Chief of Police Mr. Malcolm Maccoy, Planning &. Zoning Chairman ITEMS FOR REVIEW 4:30 TODD COLTRIN - REDUCE SETBACK TO 10 FEET. CITY OF MERIDIAN 33 E. IDAHO MERIDIAN, ID 83642 FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) APPLICANT NAME: -\r)J d C 6\ +r l V) 100 ,,\, \1 (~'> ADDRESS: \ \ \'V \J..) '---1- PHONE ~-~\¿::Sc)r l cmNERS NAME & ADDRESS: (If different than above) ---------- ~~ PROOF OF OWNERsH:(P((êOPY OF DEED~R OPI'ION MUST BE ATTACHED) '~ "----=--=>--'------- LEGAL DESCRIPI'ION OF PROPERTY: IDr# (p ELK # 1- SUBDIVISION fl"./rl fI1tJ/iI PRESENT USE & ZONING OF PROPERTY ¡<eçr'ðe/lf I-a / SCHEMATIC DRAWING: ATTACH DRl\WING SHCWING BUILDINGS, STREEI'S & PROPOSED FENCE: -- UNDING PROPERrY OONERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY (FROM AUI'HENTIC TAX RECORDS OF ADA COUNTY) WITHIN 'IWJ HUNDRED (200) OF THE IDcrERNAL BOUNDRIES OF THE LI\ND BEING CONSIDERED: DESCRIPI'ION OF REQUIREMENTS æ;, 'JHE.. OFD~ íI\¥AT D~. RED~ TO PERMIT THE PROPOSED FENCE: aœe- -t!-, ~ . ATTACH APPLICATION FEE OF $ 5 0 lJO ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICrrVE COVENANTS OF THE SUBDIVISION OR A COpy OF THE RESTRICrIVE COVENANTS PERl'AINING TO FENCES: . ~ sm"""",", ~":=' DATE RFŒmD ~1 Lj I '19 RECEIVED BY - U\ J, ~.L) CCM1ITI'EE . HEARING DATE 7/1L/lqo¡ 4~ 30 PM ~-'i~~~-- !' / / DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS roB. THE PIEDMONT SUBDMSION THIS DECLARATION is made effective on the - day of , 1994, by WASHINGTON PLAZA, an Idaho Partnership, hereinafter refemd to lIS 'DECLARANT". .. WHEREAS, Declarant is the owner of certain real property in the County of Ada, State ofIdaho, hereinafter refen-ed to a: the "Property", more particularly described lIS . follows: All of the' land 1I'ÏthÎII the boundaries of THE PIEDMONT SUBDIVISION Phase 1, 8CCOrding to the plst thereof recorded In Book - of Plats øt pages - t1Int -' records of Ada County, Idaho. NOW, THEREFORE, Grantor hereby declares that the Property and each Lot, parcel or portion thereof; is and/or shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved mbject to the following temu;, covenants, conditions, reservations, easements and restrictionS, all of which are declared and agreed to be in fùrtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the Property, and to enhance the value, desirability and attractiveness of the Property. The tenus, covenants, conditions, reservations, easements and restrictions set forth herein shall nm with the land constituting the Property and with each estate therein and shall be binding upon all persons having or acquiring any , right, title or interest in the Property or any Lot, parcel or portion thereof; shall inure to the benefit of every Lot, parcel or portion of the Property and interest therein, BOd shall inure to the benefit of and be binding upon Grantor, its mccessors in'interest BOd each Grantee or Owner and his respective successors in interest, and may be ehforced by Grantor, by any Owner or his IroccesBors in interest . ' Notwithstanding the foregoing, no provision oflhis Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improvements thereon, nor Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities on any portion of the Property, nor Grantor's right to post Bigns incidental to construction, sales or leasing, rJLJL?b~ I ~O; r¡; À ~ TIm PIEDM;ONr SUBDMSIONICOVENANTSIP AGE 1 ARTICLE I DEFINITIONS 1.1 "Articles" shall mean the Articles of Incorporation of the Association. 1.2 "Assessments" shall mean those payments required of Owners and Associatíon Members including Regular, Special and Limited Assessments of the Association as fìn1her defined in this declaration. .. 1.3 "Association" shall mean and ref~ to The Piedmont Homeowners' Association, Inc., an Idaho Don-profit corporation, its successors and assigns. 1.4 "Association Rules" shall mean those roles and regulations promulgated by the Association governing conduct upon the use of the Property und~ the jurisdiction or control of the Association, the imposition of fines and folfeitures for violation of Association Rules and Regulations, and procedural matters for use in the conduct of business of the AssociatiolL I.S "Beneficiary" shall mean II mortgagee under II mortgage or beneficiary under II deed of trust, as the case may be, and/or the assignees of BUcb mortgagee, beneficiary or holder, which mortgage or deed of trust encumbers parcels of real property on the Property. 1.6 "Board" shall mellll the Board of Directors or other governing board or individual, ifapplicable, of the Association. 1.7 "Building Lot" shall mellll and refer to any plot of land showing upon any recorded plat of the Property wilh the exception ofCoDUJlon Area. 1.8 "Bylaws" shall mean the bylaws of the Association. 1.9 "Committee" shall mean the ArchitecturnI Committee described in Article VI . hereo£ 1.10 "Declaration" or "Supplemental Declaration" shall refer to this declaration as hereinafter amended and supplemented fi-om time to time. TIlEPlED¥ONT SUBDMSION/COVENANTSIPAGE 2 1.11 "Declarant" shall mean and refer to Washington Plaza, an Idaho Par1nersrnp, and its successonl and assigns, ifsuch successors and assigns should acquire more than one (1) Wldeveloped Lot JÌ'om the Declarant for the purpose of development and as part of such conveyance, the Declarant assigns and transfers to such transferee the Declanmt's rights .with respect to such Lots. . 1.12 "Grantor" shall mean and refer to the Declarant .. 1.13 "Improvement" shall mean BDy structure, fàcility or system, or other improvement or object, whether permanent or temporary, which is erected, constructed or placed upon, WIder or in any portion of the Property; including, but not limited to buildings, fences, streets, drives, driveways, sidewalks, curbs, landscaping, signs, lights, mailboxes, electrical lines, pipes, pumps, ditches, waterways, swimming pools and other recreational fàcilities and fixlnres of any kind whatsoever. 1.14 "Lot" shall mean and refer to a Building Lot US "Member" shall mean each penlon or entity holding Ii membmhip in the Association. 1.16 "Mortgage" shall mean and refer to any mortgage or deed of trust and "Mortgagee" shall refer to the mortgagee, or beneficiary IDIder a deed of trust, and "Mortgagor" shall refer to the mortgagor, or grantor ofa deed oftrusl 1.17 "Owner" shall mean and refer to the record oWner, whe1her one or more peniollS or entities, of a fee simple title to any Lot which is a part of the Properties, including contract Bellm, but excluding those having such interest merely as security for the performance ofan obligation. . 1.18 "Plat" shall mean the recorded Plat of TIlE PIEDMONT #1 and the recorded piat of any other Properties 8IUIexed hereto. 1.19 "Properties" or "Property" shall mean and refer to the real property hereinbefore described, and such additions thereto ,88 may hereafter be B!Ulexed and brought within the coverage of this declaration as more particularly provided for herein. 1.20 "Set Back" means the mininnmi distance established by law between the dwelling lDIit or other structure referred to and a given street, road or Lot line. 1.21 "Unit" shall mean one residence which shall be situated upon a Lot THE PIEDMONT SUBDlVISloNlCOVENANI'SIPAGE 3 ARTICLE ß GENRRAL COVENANTS CONDITIONS AND RESTRICTIONS 2.1 Land Use 8I1d Bllildil1 ¡ r)' )e Not Lot sha1l be used except for residential purposes, and no Lot or the Common Area shall be used for the conduct of any trade 'or business or professional aclivity. Notwithstanding the foregoWg, the Board may, in lis discretion and upon request by BII Owner, allow BII Owner to conduct a "garage sale" upon lOch Owner's Lol :. No improvements shall be erected, altered, placed or permitted to remain on any Lot o1her than one designed to acCOßBDodate no more 1han one (I) single-family residential . dwelling. 2.1.1 Si7.e Limitations. Split level and two (2) story Units shall have not less 1han 14)0 square feet of interior floor . area, exclusive of porches 8I1d garages. AIlo1her units shall have not less than 1+10 square feet of interior floor area on the grolD1d floor of 1he main structure, exclusive of porthes and garages. ' 2.1.2 ~ Each Unit constructed with the Property shall include at least a two (2) car, enclosed garage which is an integral part of the Unit Structure. . 2.1.3 Roofil1l1 MateriaJ The roof of each Unit may be constructed of asphalt shingles, or BOch other material as may be approved by 1he Architectural Committee in writing, . 2.2 Architectural Cornrol No improvements which will be visible above the ground or whjçh will ultimately affect the visibility of any above grolD1d improvemetrt shall be built, erected, placed or materially aJtered, including without limitation, change of exterior colors or materials, on the Property, mless and untíl1he buildilig plans, specificatioœ, 8I1d plot pl8Il bave been reviewed in adv8Ilce by the Architectural Committee and the same have been approved by the Committee. The review aDd approval or disapproval may be based upon the following fudors: design 8Ild style elements, mass and form, topography, setbacks, exterior color 8Ild materials, physical or artistic conformity to the temlÍn 8Ild the other improvements on the Property which the Architectural Connnittee, in their reasonable discretion, deems relevant said requirements as to 1he approval of the architectural design shall apply 90nly to the exterior appeanmce oftbe improvements. 'This Declaration is not intended to serve as authority for 1he Architectural Committee to con1rol the interior layout of design of buildings except to the extent incidentally necessitated by use 8Ild size requirements. TIlE PIEDMqNT SUBDIVJSION/COVENANTSIP AGE 4 .. 2.3 Exterior Mainlemmcej Owner's Oblig¡¡1ions No improvements, including mail boxes BIId landscaping, shall be þennitted to full into disrepair, ønd each improvement shall at all times bye kept in good c:ondition BIId repair. In Ihe event Ihat øny Owner shall pennit øny improvement, including trees ønd IBlldscaping, whi.ch is the responsibility of wch Owner to maintain, to fall into disrepair so BS to create a daßgerous,lDlsafe, unsightly or unaftractive condition, or damage to Property or facilities on or adjoining Iheir Lot which would olherwise be !be Associations' responsibility to maintain, the Board, uPon fifteen (IS) days prior written notice to Ihe Owner of said Lot shall bve the right to cornet said c:ondition, and to entl!r upon such Ownl!r's Lot for the purpose of doing so, and such Owner øha11 promptly reimburse the Association for the cost thereof: Such cost shall be a Limited Assessment and shall c:reate a lien enforceable in the same manner as other Assessments set forib herein. 'The Owner of the offending Lot shall be personally liable, III1d his Lot may be subject to a mechanic's lil!n for all costs and expenses incumd by the Association in taking such corrective IICtion, plus all costs inCUITed in c:ollecting the amowrts due. each Owner shall pay all amOlDlts due for such work within len (10) days after receipt of written demand therefor, or the amounts may, at the option oflhe Board, be added to the amounts payabll! by sum Owners BB Rl!gular Assl!ssments. Each Owner shall have the remedial rights set forth herein if the Association fails to exercise its rights within a reasonable time following written notice.' In the event the improvements on BDY Lot shall suffer damage or destruction fi-om BDY c:ause, the Owner thereof shalllD1dertake Ihe repair, restoration or reconstruction Ihereofwithin ninety (90) days of the repair, restoration or recqn."truction ofSllch damaged or destroyed improvements han not taken place, the Association, upon fifteen (15) days prior written notice to Ihl! Owner of SIIch Property, shall have the right to c:orrect such condition, and to entl!r upon Owners Lot for the purpose of doing 80 and SIIch Owner shall bear all c:oøts incurred by the Assoc:ialion, a lien shall be applied to the Lot 2.4 Irr¡provements lAlcation. No improvements shall be constructed in violation of set-back requirements established by law, or by this Declaration as set forth on the recorded plat onhe Subdivision. . 2.5 Nuisances No noxious or offensive activity, including without limitation, those creating BIl offensive odor, shall be c:arried on uPon BIlY Lot or the Common Area nor shall anything be done thereon which may be or may become an mmoyance or nuisance to the neighborhood. ExC:l!ssin barking of dogs shall hI! considerl!d B nuisance. 2,6 Tern¡¡orary Struc:tures. No improvements of a temporary çharacter, trailer, basement, tent, shack, garage, bam or other outbuilding shall be placed or used on any Lot at øny time BS a residence either tempornrily or pennanently. TIlE PIEDMONT SUBDMSION/COVENANTSIP AGE 5 2.7 Sign&. No sign of any kind shall be displayed to the public view on any Lot except one sign of.N9 more than five (5) square feet advertising the Property for sale or rent, or signs used by a builder or the Declarant to advertise the Property dwing the construçtion and sales period 2.8 Oil and Mining Qperations No oil drilling, oil development operations, oil refinding, qu¡¡rrying or mining operation of any kind shall be permitted upon the Property, nor shall oil wells tanks, tmmels, mineral excavation or shafts be pennitted upon the Property. No derrick or other structures designed for use in boring for oil or nalun!.l gas shall be erected, maintained or pennitted upon the Property. .. 2.9 Livestock and Poulb:y. No animals, livestock, or poulb:y of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept , provided that they are not kept, bred, or maintained for any conunercial purpose and provided that the keeper of such pets complies with all city and COWlty laws, rules and regulatious. No more than two household pets shall be allowed per unit All household pets shall be confined to that area within the bO1.Dldaries of the lot or kept on B leash. No dog runs or kennels shall be permitted to be kept or placed within five (5) feet ofa set- back line where applicable, Dog nIDS or kelUlels shall only be permitted to be placed and maintained to the rear of dwellings and in no enot shall such structure be visible ftom a strel'l All such kelUll'ls or facilities shall comply with all applicable laws and rules. 2.10 Garnq¡e and Refhse Disposal. No rubbish, trash, garbage, refuse or debris shall be placed or allowed to remain on the Property except trash kept and maintained within the interior ora Unit in sanitary containen¡. All such material shàll only be kl'pt in sanitary contsiners. All equipment for the morasI' or disposal of such material shall be kept in B clean, neat and sanitary condition. 2.11 Water Sqpply. No individual domestic water supply system shall be . permitted on any Lot 2.12 Sewnge Disposal. No individual sewage dispos~ system shaJl be pennitted on any Lol AIl Lois shall be subject to the following sewer requirements of the City of Meridian: ' 2.12.1 A monthly sewer charge must be paid after colUlecting to the City of Mendian public sewer system, according to the ordinances and laws of the City. '. ~. TIm PIß]¡)MONT SUBDMSION/COVENANTSIP AGE 6 2.12.2 Each Owner shall submit to inspection by the Department of Public Works, the Deparlment of Building, or other Department whenever a subdivided Lot is to be connected to the sewage system consb-ucted and installed on and within its Property. 2.12.3 The applicanVOwner of this subdivision, or Lot or Lots thel1'În, shall BIld hereby does vest in the City of MeridiBll the riglrt and power to bring all actions against the Owner of the premises hereby conveyed or part thereof for the collectionofany charges herein stated 2.13 Sight Distance at Intenections No fence, wall, hedge or shrub planting which obstructs sight lines at elevations betweentbree (3) and six (6) feet above the roadway shall be placed or permitted to remain on any comer Lot within the triangular area fonned by the street Property lines BIld a line connecting them at points (30) feet from the intersection of the street linell, or in the cue of a rolDlded Property comer from the intersection of the street Property lines extended The same lIiglrt-line limitation shall apply on BIlyLot within ten (10) feet from the intersection ora street property line with the edge of driveway or alley pavement. No tree shall be permitted to remain within 6Uch diøtancell oføuch intersections unlells the foliage line ill maintained at øufficient height to prevent obstruction of 6Uch lIight lines. 2.14 Dechlrnnt's RigJIt. Declarant reserves the right'to construct residences BlJd other improvementlr upon any Lot and to offer the same with éompleted structures thereon for sale to individual Owneni. 2.15 Boab;, ClIß1Pm, and Other Vehicles No boab;, trailers, tractors, recreational vehicles, (i.e. any traile¡-¡¡, campen, motor homes, automobile campers or . similar vehicle or equipment) dilapidated, unrepaired or tn1sightly vehicles, or similar equipment, motorcycles, Imowmobiles, trucks (working or nonOworking) greater than tine-quarter (3/4) of a ton in size shall be parked or 1SI0red on 8IIY portion of the Property (including streets and driveways) tmless enclolled by a Bb-ucture or IIcreened from view in ammmer approved, in writing, by the Architectui:a1 Committee. Notwithstanding the foregoing, any boat, camper, trailer or recreational vehicle which is in good repair and working order may be stored on the IIi de yard of a Lot between the front and rear yard lIet-backs ¡fscreened by a six foot (6') fence and if the vehicle does not exceed the following dimensions: eight (8) feet wide, twenty-seven (27) feet long 8Ild ten (10) feet high. Provided, however, such storage may not be located adjacent to the street on a comer Lot. TIlE PIEDMONr SUBDMSION/COVENANTS/P AGE 7 2.16 Bathrooms. All belhrooms, sink and toilet fàcilities shall be inside residence buildings and shall be colUlected by underground pipes directly with the sewer system 2.17 Antennae No television anteIDIae, satellite receivers, or radio aerials shall be installed on the Property, other than witlún the interior ora Unit 2.18 Hazardous Activities No activity shall be conducted on or in any Unit, Lot or Common Area which is or might be lIIIBafe or hazardous to any person or Property. Without limiting the generulity oflbe foregoing, DO firearms shall be discharged upon said Property; no open fires shall be lighted or pennitted on any property except in a self- ,.contained barbecue unit while attended and in use for cooking purposes, or with a safe and well-designed interior .fireplace, (except such picnic fires in portions of said common -Areas designed for such use or) except such controlled and attended fues required for cleariDg or maintenance orland 2.19 Unsightly Articles No lIIIBightly articles shall be permitted to remain on any Lot or Conunon Area DB to be visible fi-om any other portion of the Property. Without limiting the foregoing, DO clothing or household fabrics shall be Inmg, dried or aired in such a way as to be visible fi-om any other portion orthe Property. No lmober, grass, shrub or tree clippings or plant waste, compost piles, metals, building or other matenals or scrap or other similar material or articles shall be kept, stored or aIlowed to accwnulate on any portion orthe Property except within an enclosed structure or appropriately screened fi'om view as approved, in writing, by the Architectural conunittee. "Screened" is defined as being concealed or made non-visible fi-om eye level, at ground level, at all points witlún the Property. . 2.20 Li¡hl SO1md- GenernI. No light shall be emitted fi-om any Lot or Conunon Area which light is UDreasonably bright or causes unreasonable glare. No sound shall be emitted fi'om any Lot or Common Area which is unreasonably loud or annoying, 8IId no odors shall be emitted on 8IIY property which are noxious or offensive to others. 2.21 Construction During the course of actual constructipn of any pennanent improvements, the restrictions contained in this Declaration8lld any supplemental declarations shall be deemed waived to the extend neéessary to permit such construction, provided that during the course of such construction nothing shall be done which will result in a violation of these restrictions upon completion of construction 8IId all construction shall be diligently prosecuted to completion, continuoUsly 8IId without delays. 2.22 Re-Construction IN 8IIY case where it is necessary to recons1ruct a Unit or any improvement in the Common Area, said re-construction shall be prosecuted diligently, continuously 8IId without delays fi'om time of conunencing thereof until such s1ructure is fully completed BIld painted, IDIless prevented by causes beyond control 8IId only for such time that such causes continue. 2.23 Maintenance and Repair In the event the improvements on any Lot sholl BUffer damage or deBlruction &om any cause, the Owner thereof sholl Wldertake the repair, restoration BIld reconstruction thereof within ninety (90) days of such damage or destruction. 2.24 ~ AIl fences shall be ofverticol cedar design and construction, No , chain-link fences, grape stake fences or fences of basket-weave design sholl be allowed Side fences comer lots may extend only fi-om the rear LotHne to rear line of the residence. AIl fences sholl comply with City ofMeridían ordinances. .. 2.25 Plat Conditions. All covenants, conditions and relrtrictions and other matters set forth in all Plats are hereby incorporated by ",ferencI' and notice is hereby given to the lame. 2.26 Front and Side YardE:. The ftont yard of each Lot and the side yard ofBllY Lot which is adjacent to a street must be planted with sod within twenty-one (21) days of uubstantiol completion, or occupancy, whichever sholl first occur, or as soon thereafter as the weather permitS. All remaining portions of the yard area of each Lot must be planted with sod, seeded 8I1d/or landscaped, within six (6) months of occupancy of the Unit The fail\D"e of the Owner to timely comply with this paragraph sholl constilute a fail\D"e to perform exterior maintenance and the Association and/or the Grantor shall have all rights and remedíes provided in Section 2,3, or any other provision of this Declaration. 2.27 No DUIJ1ping No excavation materiol, grass or yard clippings, rubbish, trash, garbage, refuse or debris shall be placed or ollowed to' remain on any V8CBllt or WlÍmproved Lot, without the prior written Approval of the Déclarnnt or the Architectural Committee. The Owner orany Lot who dmnps such material shall be Hable for the cleanup and/or removal costs. AoRTIM.F Tn PROPERTY RIGHTS 3.1 Owner's Easement!: of ElUoyment Every OWl)er shall - easement ofenjoyment in and to the Common Area which sholl bp pass with the title to every Lot, uubj ect to the foll,owing proV: ' 3.1.1 The Association has the ri~' rights of 811 Owner for any .~ assessment ágBinst his Lot remairni\ \ \ 's I THE PIEDMONT SUBDMSlONlCOVENANTSIP AGE 9 3,1.2 The right of the Association to dedicate or Inmd'er all or 811Y part oflhe common Area to any public agency, authority, or utility for sucb purposes and subject to sucb conditions as may be agreed on by the members. Such dedication or transfer shall be effective upon the recording of an appropriate instrument executed by the President ønd Secrelary of !he Association and upon which said officers ø:ffirm that !he transfer or dedication was approved by !he Owners ofaml\iority of !he Lots. 3.2 Dele¡ation DrUse. Any Owner may delegate, in accordance wi!h !he Bylaws, his right of enjoyment to !he Conunon Area and facilities to !he members of his family, gusts, tenants or contract purcbasers who reside on the property. 3.3 Damages Each Owner shaJl be liable for any damage to such Conunon Areas or o!her property owned or maintained by !he Association which may be sustained by reason of !he negligence or willful misconduct of said Owner or of his fimñly and guests, tenants or contract purchasers, bo!h minor and adull In the case of joint ownership of a Lot, the liability of sucb Owners shall be joint and several. The cost of correcting such damage shall be charged as a limited assessment against the Owner and bis Lot and may be collected as provided herein for !he collection of o!her assessments. ARTICLE IV THE PIEDMONT HOMROWNERS' ASSOCIATION 4.1 OIpni7ation of Association. The Piedmont Homeowners Association ("Association") is an Idaho Corpond:ion fonned under the provisions of the Idaho Non- Profit corpond:ions Act and shall be charged wi!h the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws and this Declanl!ion. Neither the Articles nor the Bylaws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent wilb this Declaration. 4.2 Membership. Each Owner ora Lot subject to this Declaration (including Ibe Declarant) by virtue of being such an Owner- and for so long as such ownership is maintained, shaUbe a Member oflbe Association, and no Owner shall have more thm one membership in the Association, bcept as "hereinafter set forth Wilb respect to voting. Memberships in !he Association shall not be assignable, except as hereinafter set forth wi!h respect to voting. Memberships in successor-in-interest of !he Owner, and all membersbips in the AssociatioD shall be appurlenanllo Ihe Lot owned by such Owner. The -. 1:tlli I'JWMUNl' SUHV1V~lUN/I,;UVJ:::NAN1~I1'Atili 10 memberships in the Association shaH not be tramd"eITed, pledged or alienated in any way except upon the transfer of title to said Lot BIId then only to the lransferee of title to said Lot Any attempt to make a prohibited membership transfer shaIl be void BIId will not be reflected on the books of the Associatiòn. 4.3 Yiiling. The Association will have two (2) classes of voting memberships. . 4.3.1 Cl.unA Class A members shall be the Owners, with the exception of the Declarant, 8I1d shaIl be entitled to one (IO) vote for each Lot owned When more than one person holds 811 interest in any Lot, all wcb persons wholly be members, the vote for wch Lot shall be exerçised as they determine, but in no event shall more than one (I) vote be cast with respect to any Lot 4.3.2 Clau..R. The Class B member shall be the Declanmt. Upon the recording hereof, Declarmrt shall be entitled to three (3) votes for each Lot of which Declarant is the Owner. The Class B membership shall cease and be converted to class A membership on January I, 2010, or when the DeclBnmt no longer owns any Lots wi~ the property BUbject to the Declaration, whichever event shall first OCCUl', 4.4 Hoard of Directo", end Officers The affairs of the Association shall be conducted by a Board ofDiTectors and wcb officers as the Directors may elect or appoint, in accordance with the Articles, Bylaws, 8I1d this Declaration as the same may be amended 8I1d supplemented from time to time. 4.5 Powers 8I1d Duties of the Association 4.5.1 fIDwE.. The Association shall have all the powers of a non-profit corporation organized under the 'genera] non- profit corporation laws of the State o(Idaho BUbject only to wch limitations upon the exercise of such powers as are expressly sel forth in the Articles, the Bylaws and this Declaration. It shall have the power to do BnY Bnd all lawful 'llili l'lliVMUNT :¡Ul:JUIVJ:sIUN/I..:UV.I:;NANl':S/l'A(j~ 11 things which may be authorized, required or pennitted to be done by the Association WIder this Declaration, the Articles and the Bylaws, and 10 do and peñonn any and all acts which may be necessary or proper for, or incidental to the property managemenland operation of the Common . area and the peñonnance of the other responsibilities herein assigned, including without limitation: .. 4.5.1.1 AssessmenfR The power to levy assessments (Annual, Special and Limited) on the Owners of Lots and to force payment of such assessments, all in accordance with the provisions of this Declaration. 4.5.1.2 Ri¡ht of Enforcement The power and authority from time to time in its own name, on its own behalf or on behalf of any Owner or Owners who consent thereto; to commence and maintain actions and wits to restrain and enjoin any breach or threatened breach of this Declaration of the Articles or the Bylaws, including the Association rules adopted pursuant to this Declaration, and to enforce by mandatory injlUlction or otherwise, all provisions hereof 4.5.1.3 Delegation of Powers The authority 10 delegate its power and duties to committees, officers, employees, or to any person, finn or corporation to act as manager. Neither the Association nor the members of its Board shall he liable for any omission or improper exercise by the manager of my such duty or power to delegate. 4.5.1.4 ABsociHtion Rules the p¡'w~r to adopt, amend or repeal by m!ýority vote of the Board such rules, and re81llations as the Association deems reasonable BIId which are consistent with this Declaration (the Association Rules). The Association rules shall govern the use of the .n.cr1J:U \!ÌVJ~J03UDUJV~JVJ~/""VVLl~/'UHo.>JrßUL JI,' ..... '. -. Common Area by the Owners, fumilies of the Owners, or by invitee, licensee, lessee or conlracl plD'chaser orallY Owner, provided, however, that the Association. rules may not discriminate among Owners and shall not be inconsistent with this Declaration the Articles or Bylaws. A copy of the Association rules as they may 1Ì'om time to time be adopted, amended or repealed, shall be mailed or otheJWÎse delivered to each Owner. Upon such mailing or delivery and poBling, said Association rules shall have the same force and effect as iftbey wen! sel forth in and are a part of this DeclBTation. In the event of any conflict between øuch Association rules øhall be superseded by the provisions of this Declaration, the Articles or the Bylaws 10 the extent ofany øuch inconsistency. 4.5.1.5 Fme~DI;Y Powenr The Association or any person authorized by the Association may enter upon any Lot in the èveot of BDy emergency involving illness or potential danger to life or property or when necessary in connection with any maintenl!!lce or construction for which it is responsible. Such entry shall be made with BS little inconvenience to the Owners as practicable and any damage caused thereby øhall be repaired by the Association. 4.5.1.6 License!!, ElmementR and Rigbts-of-WIIY The power to gran! and convey to any third party such licenses, easements and rights-of-way in, on or under the Common Area as may be necessary or appropriate for the orderly maintenance, presel'lStion and enjoyment of the CollllÌ!on Area &lid for the preservstion of the health, safety, convenience and welfare of the Owners,', for the plII]Jose of cons1ructing, erecting, operating or maintaining: 4.5.1.6.1 Underground lines, cables, wires, conduits and other devices for the transmission of electricity for lighting, heating. power, telephone and other purposes; U"""""",.."n. O>V.uU"""'Vn/~V""""'^,'h"'.n.V""'" ¡¡. 4.5.1.6.2 Public øewers, moIm drains, water drains and pipes, water systems, sprinkliD8 systems, water, heating and gas lines or pipes; and 4.5.1.6.3 Any similar public or quasi-public improvements or facilities. '8 The risht to grant such licenses, easements and rights-oC-way are hereby expressly reøerved to the Association and may be granted at any tinie prior to twenty- one _(21) years after the death of the individuals executing this declaration, on behalf oflbe Declarant, and their issue who are in being as of the date bereof: 4.5.2 Duties of the Associahon. In addition the power delegated to it by the Articles, without limiting the generality thereot; the Asøociation or its &gents, if any, shall have the obligation to conduct aU business affairs of COmmon interest to all Owners, and to ped'orm each oflbe following duties; 4.5.2,1 Insnnmce Obtain ti-om reputable insurance companies authorized to do business in the State of Idaho and maintain in effect the following policies ofþ¡sw:ance. 4.5.2.1.1 Comprehensive public liability insurance insuring the Board, the Association, the Declarant and the individual Owners and lIBents and employees of each of the foregoing Bg1Üns! any liability incident to the ownership and/or use of the CormnoD Area or their property owned or lI1IlI1B8ed by it Limits of Ii ability of such coverage shall be as follows: not less than Five Hundred ThoUBand Dollars ($500,000) per person and Five Hundred ThoUBand Dollars ($500,000) per occurrence with respect to personal injury or death, and property damage. ' 4.5.2.1.2 Full çoversge directors BIId officers liability insurance with a limit of two Hundred Fifty Thousand Dollars ($250,000), if the Board so elects. . i ,.- u~.............v... ....u~~..~.v..'vv '-"¡""~"'~n .. 4.5.2.1.3 Such other insurance including workmen's compensatinn ÌDBunmce to the extent necessæy to comply with all applicable Jaw¡ and indenmity. fàilhful performance, fidelity and other bonds 88 the Board shall dli'em necessæy or flilquired to cø:rry out the Association 1ìmctions or to insure the Association against any loss ti-om malfeasance or dishonellty of any employee or thli'ir pen;on charged with the management or possession of any Association fimds or other property. 4.5.2.1.4 The ksociation shall be deemed frusteI' of the interest ofalJ MemberS of the Associatiou in any insurance proceeds paid to it under wch policies, and shall have full power to fIiIceive their interests in wch proceeds and to deal therewith. 4.5.2.1.5 InsunmcEt premiwns for the abOVIi' ÏnsuranCIi' coveragli' shall be deemed a conunon expense to be included in the annual assessments levied by the Association. 4.5.2.2 Rule Mekiqg. Make, establish. promulgatli', BlDli'nd and repeal the Association rules. 4.5.2.3 ArchitechlmI Committee, Appoint and remove members of fbii' Conunittee, all wbject ìo thli' provisions of this DecÍaration. 4.5.2.4 Drain!l¡e ~ems Operate, maintain, repair and replace, all drainage systems Jocated within the Property and shown on the Plat which are not maintained by public authorities. 4.5.2.5 Subdivision Approval Rel¡ponsibilities Peñonn all continuing duties and responsibilities imposed upon the Grantor pursuant to any governmental approvals relating to 'the Property including, without limitaiion, those set forth in the preliminæy plat approval for the Subdivision. -' 4,6 Personal Liability. No membli'r of the Board or any commiUeli' of the Association or thli' Architectural conuniltee or any officer of the Association, or the Declarant, or the manager, ifany, £hall be personally liable to any Owner, or any other party, including the Associatiou, for ahy damage, loss or prejudice suffered or c;laimed on .....' u_._...~..- -~--- .___.H_- .-..-..-...--.. the account of BIIY act. omission. error or negligence of the . Association, the Board, the manager, if BIIY. or BIIY other representative or employee of !he Association, the Declarant or the Architeclura\ Committee. øny other conunittee Dr 8I\Y officer of the Association, or the Declarant, provided that sucb penon bas. upon the basis ofsucb information as may be , possessed by him, acted in good faith without willful or intentionaJ misconduct. ARTICLE V COVENANT FOR MAINTENANCE AND ASSESSMENT .. 5.1 Creation oflhe TJim 8I\d PenonaJ Obligation of ASResRlllents Eacb owner of any Lot, by acceptance of a deed therefor. whether or Dot it &hall be so expressed in such deed, is deemed to covenant and l18"ee to pay the Association; 5.1,1 AnnuaJ regular assessments or charges, 5.1.2 SpeciaJ assessment for capitaJ improvements. such assessments to be estublisbed end collected as hereinafter provided; BIId 5.1.3 Limited assessments as hereinllfier provided. The Regular. SpeciaJ and Limited Assessments. together with interest, costs and reasonable Bitomeys' fees. &hall be a charge on the land 811d shaJl be a continuing lien upon the properly 98ainst which each such assessment is made. each such assessment, together with interest, costs and reasonable attorney' fees shall WSO be the pen;onal obligation of 1he person who was the OWner ofsucb property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successon in tiUe unless expressly assumed by them. 5.2 Purpose of Assessments 5.2.1 Regular Assessments The regular assessments levied by the AssociBlion shwl be used exclusively to promote the recreation, health, safety and welfàre of the residents in the Properties to pay the 811IIUW assessments of 811Y irrigation district BIId to pay such other reasonable costs and expenses which are incurred by the Association in cllltying out lIIe duties and business orthe Association. 5.2.2 speciw Assessments for Cqpital in1provemenl iN addition to thé BDDUal regular BSsessments mrthorized above, the AssociBlion may levy, in any assessment year. a special '. essessment applicable to that year only for the purpose of defi-ayÚl8, in whole or in part, costs 8I\d expenses of the Association which exceed the regular assessments, including fixtures 8I\d personaJ property related thereto, provided that any øuch BSsessment shall be approved by B two-thirds (213) vote ofeach class of membeI'B who are voting in peI'Bon or by proxy at a meeting duly called for Ihis purpose. Additionally, upon the saJe of each Lot by Grantor, the purchaser shall pay a OD¡¡.-túne special essessment of Thirty and no/loo Dollars (S30.00) per Lot Such special essessment shall be paid on or before the date of recordation of the deed fi-om Grantor to the purchaser. Grantor, as agent for the Association, shaJl be entitled to collect this one-time special assessment at the closÚ18 of the Lot sale, This one- time special assessment shall be used to defi-ay organizational costs for the Association 8I\d general costs of operation. 5.2.3 Limited Assessments. The limited assessments may be levied against any owner in an amowrt equa] to the costs 8Ild expenses incurred by the Association, including legal fees for çorrective action necessilJlted by such Owner, wilhout limitation, cost;; 8Ild expenses incurred for property or maintained by the Association, damaged by negligent or willful acts of any Owner or occupant of á Lot who is occupying the Lot wilh the ronsent oføuch Owner. 5.3 Maximmo Anmml ReiJIlar Assessment The initial maximum 8!IIII1a1 regular essessment to be BSsessed by the Assoçiation shall be Twenty 8I\d No/I00 Dollars (S20.00) per Lot per year. 5,3.1 The maximlUll annual assessment may be increased by tbe Board each year by no more Ihan ten percent (10)% above tbe maxinnnn assessment for the previous year wilhout a vote of tbe membership of tbe Association as provided below. ' 5.3.2 The' maximlUll annual assessment may be increased above ~n percent (10%) by a two-Ihirds (2/3) vote each class of the members who are voting in pen;on or by proxy, at a meeting duly çaJled for this purpose. 5.3.3 The Board ofDirectorP of the Association may fix the BlDoUIII of the IIIIIIU3l assessment at an BmOlmt not in excess of the maximum as established from time to time. '8 5.3.4 The totaJ annual regular assessment, levied against the Lots owned by the Declarant, Bhall be the lessor of (a) the BlDoUIII bfthe regular assessment per Lot multiplied by the nmnber of lots owned by the Declarant or (b) the different between the total annual assessment levied against lots owned by ibe other parties, other than the Declarant, and the reasonable expenditure of the Association for the purposes described in Section 5.2.1 for the fiscal year. 5.4 Notice and Qponun for any Action Authorized Under Sections 5 2 2 and 5 3 Written notice of any meeting called for the purpose of taking any action authorized tmder Sections 5.3 and 5.4 shall be sent to all members not less than ten (10) days nor more. than fifty (50) days in advance of the meeting. At the fim StIch meeting called, the presence of meml:ien or of proxies entitled to cast sÏJdy percent (60%) of all the votes of each class of membership shall constitute a quonun. If the required quorum is Dot present,BIlother meeting may be taUI'd subject to the same notice requirement, and the required quonun at the subsequent meeting shall be one-haJf (112) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 5.5 Unifonn Rate of Assessment Both annual and lipecial Blisessments must be fixed at a tmiform rate for all Lots and may be collected on I!!I annual or other basis as detennined by the Association from time to time. 5.6 Date of Commencement of Anoua! Assessments - Due Dates. The aroJUa! regular assessments or any special Blisessments then in effect BB provided for herein shall commence as to aLot or Lots on the first day of the first year following the conveyance of the Lot or Lots ftom Deçlarant to an Owner or Owners. The Board of Directors shall fix the BmOtmt of the aJUmal BBsessment against each Lot at least thirty (30) days in advance of each IID!1I1I1I BBsessment period. Written notice. of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board ofDirecton. The Assoçiation shall, upon demand, and for a reaSonable charge, furnish a certifiçate signed by an officer of the Association setting forth whether the BBsessments on a specified Lot have been paid. A properly executed certificate of the Association BB to the status of BBsessments on a Lot is binding upon the Association as of the date ofits isStll!!lce. '. 5.7 Effect ofNon-P~ent of Assessment!:. Remedies of the AssociHlion' Any BBsesBlllent not paid ~ithin thirty (30) days after the due date shall bear interest&om the due date on a rate or~lity.one percent(21%) per annum or at the highest rat allowed by law iføuch rate is less than 21%. The Association may bring 811 action HI law against the Owner penlOnaily obli,søied to pay the same, or forecloBUl"e Üie lien against the property. No Owner may waive or otherwise escape liability for the BBseSBlllents provided for herein by non-use oflbe Colllll1on Area or abandoument of his Lot 5.8 Subordination of the Line to Mortgllges The lien of the assessments provided for herein shall be subordinate to the lien of øny finrt mortgage, Sale or transfer of øny Lot shall not affect the assesBIDent line. However, the sale or transfer ofany Lot pursuant to mortgage foreclosure or illy proceeding in lieu thereof; shoJI extinguish the lien of øuch BBsessments as to payment which become due prior to øuch saJe or transfer but shall Dot , extinguish personaJliability, No sale or transfer shall relieve øuch Lot from liability for BIIY assessments thereafter becoming due or &om the lien thereof: ARTICLE VI ARnlITF,('.TImAT, r.OMMITTF..E 6.1 Members orthe Committee The ArcJûtectural Committee for the Property, sometimes referred to as Ibe "Committee", shall colI£ist of two (2) members. The following persons are hereby designed by Declanmt as the initial members of the Committee for Ibe Property: N.IIm:. Mirm.:. Omy c. Asin 555 N. Orchard Suite 201 Boise, ID 83705 Duane Ii Stuectde 200 Parkway Drive Boise, ID 83706 Each of said persons shall hold office W1ti1 øuch lime as hI? has resigned or has been removed or Jûs successor has been appointed, B!I provided herein. Members of the Committee may be remoVed at øny time without t.aDse. - 6.2 Right of Appoinbnent BIId RemovàJ AI BIIY time, Grantor is the Owner of at least one (1) oflbe Lots, Onmtor shall have Ibe right to appoint BDd remove all members of the Committee. Thereafter, the Board of Directors of the Association shall have the power to appoint BDd remove ¡tl members orlbe Committee. Members of the Committee may be removed at øny time, without cause. -. 6.3 B,view of Proposed ConRlruction. The Committee shall consider BIld act upon any BIld all proposals of plans and specifications submitted for its approval pursuant to this Declaration, ønd perform such other duties as ftom time to time shall be assigned to it by the Board of the Association, including the inspection of construction in progress to assure ilaconformBllce with plans øpproved by the Committee. The Board shall have the power to determine, by rule or their written designation consistent with this Declaration, which types of improvements shall be submitted to the Committee to review and øpproval. The Committee shall øpprove proposals Dr plans BIId specifications submitted for its approVal only if it deems that theconstroction, alterations or additions contemplated thereby in the locatioOB indicated will not be detrimental to the appearance of any strocture affected thereby BIld will be in harmony with the BlBTolDlding structures, BIld the upkeep ønd maintenance thereofwill not become a burden on the Association. 6.3.1 cpnditions of Approval. The Committee may condition its approval of proposals or plans and specifications upon such changes therein as it deems øppropriate, or upon the agreement of the Owner submitting the Bame ("Applicant") to grant øppropriate easements to an Association for the maintenance thereof; upon the agreement of the Applicant to reimburse the Association for the cost of maintenBllce, or upon all three, any may require submission of additional plans and specifications or other information before approving or disapproving material submitted. 6.3.2 Committee Rules ønd Feel!.. The Conunitlee also may establish, ftom time to time, roles and/or guidelines setting forth procedures for the required content of the øpplications and plans submitted for øpproval. Such roles may require a fee to accompany each øpplication for øpproval, or additional factors which it will take into consideration in reviewing submissions. The Conunittee shall detennine the amount of such fee in a reasonable mmmer,provided thai in no event shall such fee exceed Twenty-Five Dol18rB (S25,OO), Such fees shall be used to defh¡y the costs and expenses of the ,committee or for such other purposes as established by the Board. Such roles and guidelines may establish, without limita1ion, procedures, specific roles and regulations regarding design ønd style elements, landscaping and fences and other 'oo """'cc==",.-.. ..---------... structures such as mimaJ enclosures as well as special architeclurå.lguidelines applicable to Building Lots located adjacent to public md/or private open space. '-. 6.3.3 Detailed Plans The Committee may require such detail inplms md specifications submitted for its review as it deems proper, including, without limitation, floor plans, landscape plans, drainage plans, elevation drawings 8IJd descriptions or samples of exterior materiaJ colors. Until receipt by the CoDDlÙttee of any required plms and specifications, the Committee may postpone review of any plan submitted for approval. 6,3.4 Committee Decisions Decisions of the CoDDlÙttee md the reasons therefor shan be transmitted by the committee to the Applicant at the address set forth in the application for approval within Beven (7) days a:fter filing all materials required by the CoDDlÙttee. Any materials submitted pursuant to this Article shaJl be deemed approved unless written disapproval by the Committee shan have bel!Jl mailed 10 the Applicant within seven (7) days øfier the dale of the filing of said materials with the Committee. The said seven (7) day period shall only commence to nut when m authorized representative of the Committee has executed 8II application form acknowledging acceptance of such application md acknowledging that such application is complete. 6.4 Meetings of the Committee The Committee shaJl meet from time to time as ' necessary to perform its duties hereunder. The Committee may from time to time by resolution IDJanimously adopted in writing, designate a Committee Representative (who may, but not need be one of its members) to take any action or perform any duties for md on bebalfofthe Committee, except the 8J'BIlting Ofvm1ances pursuant to section 6.9. In the absence of such designation, the vote of any two (2) members of the Committee, or the written consent of any two (2) members ofthè Committee taken without a meeting, shaJl constitute 811 act of the conimittee. 6.S No waiver of Fulure AppmvaJs The approval of the Conunittee of my proposals or plans and specifications or drawings for nay work done or proposed, or in connection with any other matter requiring the approval and consent orthe Committee, shall not be deemed to constitute 8 waiver of any right to withhold approvaJ or consent as to any similBl' proposals, plans and specifications, drawings or matter whatever BUbsequently or additionally BUbmitted for approvaJ or consent 6.6 Coll1PensatÌon of Members the members of the Connnittee shall receive no compensation for services rendered, other than reimbursement for expenses incUITedby them in the performance of their duties hereWlder 8lId except as otherwise agreed by the BoBl'd '. 6.7 'l1I;pection ofWorlc Inspection of work and COITection of defects therein sha,ll proceed as follows: 6.7.1 Any member of the Committee or its representative may inspect the work at any time dming construction or within 30 days after completion of construction. If the Connnittee finds that ruch work was not done in rubstantial compliance with the approved plw, it shall notifY the Owner in writing of such non-compli8lIce within a sixty (60) day period, specifYing the particulBl' non-compliance, and shaJl require the Owner to re[!ll'dy the same. 6.7.3 If for any reason the COImnittee fàils to notify the Owner of any non-compliance within sixty (60) days of completion of the construction, the improvement shall bl' deemed to be in accordance with the approved plans. " 6.8 Non '.¡ability of Committee Members Neither the Connnittee nor any member thereof; nor its duly authorized Connnittee representative, shaJl be liable to the Association, or to nay OWner or Grantee for any loss, damage or injury Brising out of or in any way connected with the perfonnance of the Committee's duties hereunder, provided such person h8B, upon the b8Bis of such information 8B may be possessed by him, acted in good faith without willful or intentional misconduct The Conunittee shall review &lid approve or disapprove aJl plans submitted to it for BIlY proposed improvement, aJteration or addition, solely on the basis of aesthetic considerntions '.8lIdthe overall benefit or debiment which would result ÙI the immediate vicinity IÌnd to the Property generally. The Connnittee shall iakeinto consideration the aesthetic aspects of the Bl'chitectural designs, placement of building, IBIldscaping, color schemes, exterior finishes and materiaJs &lid similBl' features, but shall not be responsible for reviewing, nor shaJl its approval of any plBll or design hm the standpoint of structural safety or conformance with building or other codes. . f t -. " "_...J.".."., , - to. , ' I .. .. - 6.9 Variances, The Cormnittee may authorize variances from compliance with any of the srchilecluraJ provisioDB of this Declaration or any Supplemental Declaration, including restrictions upon height, size, floor area or placement of structures, or similar restrictions, when cin:UlDBtances wch as topography, na4D'al obstructions, hardship, aesthetic or enviromnental coDBiderafions may require. Such Variances must be evidenced in writing, must be signed by at least two (2) members oflbe Committee, and shall become effective upon recordation in the Office of the COIIIJIy Recorder of Ada COWlIy. Jfsuch variances are granted, no violation of the Restrictions contained in this Declaration or any Supplemental Deelnion shall be deemed to have oeetUTed wilhreøpeCl to the matter for which the variance was grm¡Ied. the 8fBI1Iing of such a Variance shall nol operate 10 waive any of the tenus and provisions oflhis Declaration or ofany Supplemental Declaration for any purpose ¡,xceplas to the particular property and particular provision.s hereof covered by the variance, nor shall il affect in any way the Owner's obligation 10 eomply with all g~vermnental laws and regulatioDB affecting his use of the premises, including but not limiled 10 zoning ordinances and Lol Bel-back lines or requirements imposed by any governmental or municipal authority. ARTICLF. vn: ANNEXATION OF AOnrTIONAT .PROPF.RTIF.S 7.1 Annexatio", Declarant presently intends 10 develop other neighboring properties and may, in Declaranfs discretion, deem il desirable to BllUex some or all of such other properties to the property covered by this Declaration. The annexed properties may, at Deelarant's sole diseretion, be used and developed for any purpose allowed under appropriate zoning regulations. Such other properties may bl', annl'xed 10 the PropE!l1y and brought within the provisioDB of this Declaration by Declarant, ' its SUccessors or assigns, at any timl', and from time to time, without the approval of an Owner, the Association or its Board of Directors provided that the I'1IA and thl' VA, or thl' HOD represl'ntatives thereof; dl'tl'rmines that the anuexation is in accordance with the genml! plan heretofore approvl'd by them. As such properties are developed, Declarant shall, with respect thereto, record a Supplemental Declaration which shaJllIDIJex such properties to the Property and which may 81Ipplement this Declaration with such additional or different covenants, conditions, restrictions, reservations 8I\d easements as Declarant, and FHA and VA< or the HUD representatives thereof. may deem appropriate for the other properties or portions thereof and may delete or eliminate as 10 such other properties Such covenants, condilions, restrictionism, reservations and easenJents as iu-e cOntinued herein which Declaranl BDd FHA BDd VA<. or the 'JIU]) represèntalive thereof; dl'l'm not appropriate for the other properties. 7.2 Additional Prqperties Subject to the provisiollB of Section 7.1 above, upon the recording of a Supplemental Declaration as to other propl'rties containing the provisions as Bet forth in this section, all provisioDB contained in this Declaration shall apply 10 the added properties in the SaDIe manuer as ifil were originally covered by this '8 ~ ..:.:~L Decllll1ltion. subject to such modification. chq",s BlId deletions os specifically provided in such SupplemenbIJ Declaration. The Grantees of lois located in the other properties shall shan! in the paymeDf ofBBsessments to the Association os provided herein trom and after the recordation of the first deed ofatol within the added properties fÌ'om Declarant to BII individual purchaser theJ't o£ 7.3 Procedure for Annexati °11. The àdditions authorized wder Section 7.1 above, shall be made by filing of record a Supplemental Declaration or other similar instrunien! with respect to /he o/her properties or portion thereof; which shan be executed by Declarant or the Owner thereof BlId shall extend /he general plan 8I1d scheme of this Declaration. The filing ot record of said Supplemental Declaration shall conlrtilute aiJd . effectuate the imnexation of the o/her properties or portion thereof described therein, BlId . /hereupon said other properties of portion thereof shall become and constitute a part of the properties, become subject to this Declaration and encompassed within the general plans BOd scheme of covenants, conditions. restrictions, reservations and eaSements and equitable servitudes contained herein BB modified by such Supplemental Declaration for such other properties or porlion thereof; BlId become subject to the fimctions, powers and Jurisdiction of the Association. Such Supplemental Declaration ma contain such additions, modificatioDB or declarations of the Covenants, conditions .restrictions, reservations or easements and equitable Íèrviludes contained in this Declaration as may be deemed by Declarant BlId FHA and VA, Or the HUD representatives thereof; desirable' to reflect the different character, if any" ofthé other properties or portions thereof ôr as Declarant and FHA and VA, or the HUD representatives thereof, may deem appropriate in the development oflÍJe properties or portion theJ't o£ AR II C'LF. VIJ{ EASEMF,NTS 8.1 Maintenance 111111 Us", "'R~em",nt Between Walls and Prqperty J.ines, The Association Or owner ofany lot shall hereby be snmted an easement of 5 foot (5') width on the adjoining properlies for the purpose of maintenance offence and/or landscaping so long as wch DBe does nol cause damage to any structur", or fenc",- 8.2 D:lher Maintenance F.asement¡;¡, Easements for installations and maintenance of utilities BlId drainage fà.cilities are reserved as shown on the recorded plat Within these easements, no structure, planting or ollter mat",rial sù~1 be plac",d or pennitted to remain which may damage or interfere willi the installation and maintenance ofutilitíes, or which may change the direction of lIow of c:lrninage ch8lU1els in the easements, or which may obslrucl or retard the flow of water through drainage ch8lUJels in die easements. The -. \ . easement &Tea of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lo~ except for these improvements for which a public authority or utility company is responsible. A further easement is hereby reserved in favor of the Association for access to and maintenance of nay inigation facilities serving the Common Area, ifriay. ARTIC'I,F. IX GENERAl, PROVISIONS 9.1 Enforcement The Association or any Owner, shall have the right to enforce, by the proceeding allaw or in equity, all restrictions, conditions, covenants, reservations, lines and charges now or hereafter imposed by the provisions of this declaration. Failure by the ABsociation or by an Owner 10 enforce any covenant or restriction herein contained shall in no event be dllemed a waiver of thll riBht to do so thllrllafier. 9.2 Severahilily Invalidation of any one of these Covllnants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in mil forcil and effect. 9.3 Inteq>retation, 11111 terms, eovenants and eonditions hereof are to be read and interpreted consistently and in a manner 10 protect and promote Property values. 9.4 Tenn And Ámenclment The eovenants and restrictions oftÌris Declaration shall nm wilh and bind the land, for a tenn of twenty (20) years fi-om the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of len (10) years unless an instrument signed by seventy-five percent (75%) of the then Owners of the Lots has been recorded, agreeing to ehange sâid eovenants in whole or in part. This Declaration may be amended, restated, replaced, lenninated or superseded during the firøt twènly (20) year period by an instrument signed by the President and Secretary oflbll Association affinning that such amendment was approved by two-thirds (213) of the Owners of the Lots eovered by this Declaration or by an instrument signed by two-thirds (213) of the Lot Owners; provided, however, that if Grantor is still the Owner of any Lots the provisions of Article VI may not be amended without the written consent and vote oflhe Grantor. IN WITNEss WHEREOF, Ihe Wldersigned, being the Declarant herein, has hereWlto sel its hand and seal this - day of -.1994. WASHINGTON PLAZA AN IDAHO PARTNERS Hll' BY: GARY C. A$IN PAR'INER. ADA C),:':CORDER j, DA',':¡, \i\'iA~RO BOISE 19 < : ALLIANCE TITLE, '96 FEB 16 Pr1 JJ. 37/1 " FEl!Æ,~~ "~ RECOHDEIi ¡'-:'¡'_,,:C'iJE$T OF sr-~?D'7 1'3/15 e/'-I DEED OF TRUST FHA CASE NO, Sf ATE OF IDAHO 121-1519960-703 THIS DEED OF TRUST ("Security Instrument") is made on February 15, 1996 The grantor is TODD A COLTRIN AN UNMARRIED PBRSON and CANDY L UNSER AN IJNMARRIED . PERSON The trustee is ALL:t:ANCE TITLE. ESCROW CORP. ("Borrower"). The beneficiary is ACTION MORTGAGE COMPANY ("Trustee"). wlúch is organized and existing under the laws of TIlE STATB OF WASHINGTON and whose address is NORTH 111 WALL, SPOKANE, WA 99201 ("Lender"). Borrower owes Lender the principal sum of NINETY TWO THOUSAND TWENTY FIVE AND 00/100 Dollars (D,S, $ 92,025.00 ), This debt is evidenced by Borrower's note dated the same date as this Secnrity Instrument ("Note"), wlúch provides for monthly paymen~, with the full debt, if not paid earlier, due and payable on March 1, 2026 , This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest. and all renewals, extensions and mndifications; (b) the payment of all other sums, with interest, advanced under paragraph 6 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreemen~ nnder this Security Instrument and the Note. For this purpose, Borrower irrevocably gran~ and conveys to Trustee, in trust, with power of sale, the following described propeny located in ADA County. Idaho, LOT 5 IN BLOCK 1 OF PIBDMONT SUBDIVIBION, ACCORDING TO THB OFFICIAL PLAT THEREOF, FILBD IN BOOK 66 OF FLATS AT PAGS!S) 6811-6812, RBCORDS OF ADA COtlNTY IDAHO. which has the address of 933 NW 14TH AVENUE IS""'I MERIDIAN ICi~I Idaho B3642 [ZlpC"'I TOGETHER WITH all the improvemen~ now or heroafter erected on the propeny. and all easemen~, righ~, appunenances, rents, royalties, mineraI, oil and gas rights and profi~, water rights and stock and all fixtures now or hereafter a part of the propeny. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing Is referred to in this Security Instrument as th, "Property." ("Propeny Address"); FHA IDAHO DEED OF TRU"" """'."'" """. IP.gcl'/'p.g,,) S/95 GREAnA'" . To ,."C," """S3'-~"Of""."""" CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 0'- 0010712 R B GS.2O2,2 'AINTEO IN U.S.A