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.
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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
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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.
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ANG L. S S, Deputy City Clerk
CITY OF MERIDIAN
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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)
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PROOF OF OWNERsH:(P((êOPY OF DEED~R OPI'ION MUST BE ATTACHED)
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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!-,
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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:
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DATE RFŒmD ~1 Lj I '19
RECEIVED BY - U\ J, ~.L)
CCM1ITI'EE . HEARING DATE
7/1L/lqo¡
4~ 30 PM
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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".
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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,
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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.
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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
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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
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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
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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.
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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.
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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.
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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\
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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,'
.....
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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
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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
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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.
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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==",.-..
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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
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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'to£
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'to£
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