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Evans, Lucinda GARy D. SMITH, P.E. Pub1ic Works Director l. . CITY OF MERIDIA' PUBLIC WORKS I BUILDING DEPARTM~T " BRAD R. WATSON, P.E. City Engineer MAYOR ROBERT D. CORRIE May 9, 2001 RECEIVED MAY 1 0 2001 COUNCIL MEMBERS RON ANDERSON KEITH BIRD TAMMY DE WEERD CHERIE MCCANDLESS Lucinda Evans 2553 Northwest 10th Avenue Meridian, Idaho 83642 RE: FENCE VARIANCE REQUEST - 2553 Northwest 10th Avenue. CITY OF MERIDIAN Dear Lucinda: The Fence Variance Committee of the City of Meridian, met in your presence at 4:45 P.M., May 9, 2001 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) foot tall wooden fence in your side street setback area. No oPPosition to this variance request was received from adjacent property owners, Who were notified in accordance with City Ordinance requirements of the variance request. This fence location is as shown on the attached sketch and approval is subject to the following conditions: 1. The face of the fence shall be set a minimum of 10 feet from the yard-side edge of sidewalk along W. Waterbury Drive. 2. The ground area between the fence and sidewalk shall be landscaped and maintained by you. 3. The board side of the fence shall face out toward the street(s). 4. The City of Meridian has no jUrisdiction in the enforcement of the provisions of your subdivision's Protective Covenants. We therefore recommend that you obtain approval from your Homeowner's Association for this fence location. 5. We also recommend that you contact Dig-line at 342-1585 for location of underground utilities prior to excavation for your fence posts. 6. Please obtain a building permit for your fence from the City of Meridian Building Department prior to beginning construction. Please call for an inspection after the fence construction is completed. Thank you for complying with the City Ordinance in requesting this variance and if you have any questions please don't hesitate to give me a call. ìJrelY, ~~~L-- Gary D~h, PE Fence Variance Committee Cc: File, Bldg.lnspector. City Clerk 660 E. Watertower Ln., Suite 200 Public Works (208) 898-5500 Meridian, Idaho 83642 Building (208) 887-2211 ~ Fax (208) 887-1297 "T J--- i ! -------_.- '^'t:=-l tr '<E~.." I -=~&j- -- I , -- -----,"'----~--~~-,,"--: . <--- . .~ I:'- '" <r ,~ --oJ ~. d,~ ~- -< '-r-? ~ _~~,~tf----- ; :f11 &.~---------:g--'--------' ] CL f---- tP- ,....;. Q ~ : - - - ,~c.8.-,._u, -,' '. 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CITY OF MERIDIAN MERIDIAN FENCE COMMITTEE MEETING AGENDA Wednesday, May 9, 2001 City Council Chambers FENCE COMMITTEE MEMBERS: - Mr. Gary Smith, P.E., City Engineer - Mrs. Cherie McCandless, City Council - Captain Dave Bowman, Meridian Police Department - Mr. Keith Borup, Planning and Zoning Chairman ITEMS FOR REVIEW: Item No.1 4:30 p.m Item No.2 4:45 p.m. Kyle and Lynn Reynolds 3054 North Englewood Way Lot 4 Block 6 Englewood Creek Subdivision Lucinda Evans 2553 Northwest 10th Avenue Lot 8 Block 10 Waterbury No.5 Park -- --,_u_-- -- - . . q- tf'(ppm ~ 3n-lçìBJ APPLICANT NAME: Llkc.lma.. é \/ð\'::J PHONE: \--tome.. n'k~2/Q2 ADDRESS: .;{553 N,w. \O-l-Ì-\-!\ue.. I (YìendLCl.Y\ ID 83uL\-2... CITY OF MERIDIAN FENCE VARIANCE APPLICA nON (RE: Meridian Zoning Ordinance) OWNERS NAME & ADDRESS: (Ifdifferent than above) ...-pROOF OF OWNERSHIP: (COpy OF DEED OR OPTION MUST BE ATTACHED) LEGAL DESCRIPTION OF PROPERTY: LOT#~ BLOCK# \ 0 SUBDIVISION: \lb.-\e-,r-\oU..--r~ -fF5 PRESENT USE & ZONING OF PROPERTY: hðde.hht1 \ 9cu-~ ""'SCHEMATIC DRAWING: ATTACH DRAWING SHOWING BUILDINGS, STREETS & PROPOSED FENCE. ..sURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY OWNERS (OBTAIN LIST FROM MERIDIAN PLANNING & ZONING DEPARTMENT) WITHIN TWO HUNDRED (200) FEET OF THE EXTERNAL BOUNDRIES OF THE LAND BEING CONSIDERED. DESCRIPTION OF REQUIREMENT~TIIE ORD~ANCE THAT NEED TO B~CED TO PERMIT TIIE PROPOSED FENCE: 11 f 0 ~ I LIh ~ Qb -6 10 tfd . ~ ATTACHAPPLICATIONFEEOF$50!)1b . ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS OF THE SUBDIVISION OR A COpy OF THE RESTRICTIVE COVENANTS PERTAINING TO FENCES. c..(},.«,'6 o..~ APPIJCANTS SIGNA TI ~ À d 11 ~ DATER,ECEIVED: ~C~~~GDAT~: sqlol 4~4'S p.m. RECEIVED BYðC\ )'¡ (\~Q n I'Y\ The Gren'eee herein have read and approved owing: ':tL Title FUe No.: T98-51793 WARRANTY DEED FOR VALUE RECEIVED Justin C. Walker and Jackie Walker. husband and wife ï;1:~ .þ1.J.'/ GRANTOR(s), does(do) hereby GRANT, BARGAIN, SaL and CONVEY unto: Lucinda Evans. an . unmarried woman '\.Y 1'I~"",e. GRANTEES(s), whose current address is: US3 NW 10th -- . Meridian, m 83642 the following described real property in Ada County, State of Idaho. more particularly descn'bed as follows, to wit: Lol 8 in Block 10 ofWATBRBURY PARK SUBDIVISION NO.5, according to the official plat thereof, tiled in Book 73 of Plats at Pages 7507 and 7508, records of AdaCounly. Idaho. ADA COUNTY (!iCOßDER J. gâ~~, ~&~gRO 1998JN22 PH~:22 .TRANSNATION TiTlE & ESCROW RECORDED' REQUEST FEd'DEPUTY 98060048 TO HA VB AND TO HOLD the said premises. with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Orantor(s) doeo(do) hereby covenant to and widl the said Grmllee(s), dIat - Grantor(s) is/are the owner(s) in fee simple of said premises: that said pœmises are fœe from all encumbrances, EXCEPT those to whicb this conveyance is expFeBily made subject and those made. suffered or done by die Grantee(s): and subject to œservations. restrictions, dedi"",!oos. easemeIllS, rIgbts of way and agreements.(lf any) of recon!. and genenJI taxes and assessments. (including ÌIrigation and UtIlity BiS"""'ts, if any) for the cunent year, which are not yet due and pnyable. and that Grantor(s) will warrant and defend the same from all lawful claima whatsoever. Dated: June 18, 1998 ~ ud:-:;~L V~ í-/. J C. Walker ..L~ iI,;' ~ \1~ urJ-L " Ja Walker ' STATE OF Idahn . County of Ade ,ss. On this 19th dav of June In the year of t99a, before me, the,IIJI-.."iJ¡ned, a Notary Public In and for .a;d State. pet'-:rj!I~~Pj¡¡'1Ioo.iL Justin ç. W~~~.~I!'65..""" ~.,.." ""~-t.\ ff.!!/ ~OT<I~. \,po known.. Id"lld to -¡¡¡, ~t*~...n. who.. n.me. ::.:~~~~~ t h=~.k...e1' and ockn lod", Signetur '1 . Nam" Jean MI'M'.I!'.~~hnson R..kling et: Me~di.n. ID MV commie.;"n exp;r." 07/17/02 Transnation Title & Escrow, Inc. , - .JIT,$? -ffi'~~~ , I-' 1 I r 1 ' , , " , -~.-II.i.;.f:--~--~. i,,'... i,' ' -' I -""" ~-- -'- . -: I -jl- - - - --. ¡I ,--- 1 ,-- 1 IT~tt '--.1 :_:Jj~ ; ++ ~~èr~~ II :T 1:11 I q+ II ~ r~ t~ j--~I. I¡I! Ie.} i I I il l in~¡,~ .~. -:-.nj-~; I- i 7' 'I. . !~T .,. H ' i '.~----~-- ' , F1 I i,l. i.-l ..~¡_.!-.l _~!~LdeO+houbc..L-1._--_;----.~--n. ,,_--m" ~. f, .:.,..' . ,"Þ I i ¡ , , ---.iJ--- ¡ ~---+, ¡ , I. "',' . ___,i_- '-"~-----T~-,. 4,' .'~." I; i -~(~i-: -+-i~-- ~~ ! ~L. . 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LUCINDA EVANS - 2553 NW 10TH AVE PROPERTY OWNERS WITHIN 200' GOODING MYRNA B 962W CREEKBURY ST MERIDIAN ID 83642-0000 MERIDIAN CITY 33 E IDAHO AVE MERIDIAN ID 83642-2631 W USTICK RD BARTLETI MATI BARTLETT GRETCHEN 2627 NW 10TH AVE MERIDIAN ID 83642-0000 FROMAN BRUCE EUGENE & FROMAN GINA D 1007 W WATERBURY DR MERIDIAN ID 83642-0000 GREENHALGH ALAN L GREENHALGH PATSI A 2595 NW 10TH AVE MERIDIAN ID 83642-0000 FUHRIMAN JOSHUA D & FUHRIMAN CINDY 995 W WATERBURY DR MERIDIAN ID 83642-0000 SELDIN STEVEN P JR 961 W CREEKBURY ST MERIDIAN ID 83642-0000 MEZO KENNETH E JR 963 WWATERBURY DR MERIDIAN ID 83642-0000 SPAULDING MICHAEL A & SPAULDING CYNTHIA D 933 W CREEKBURY ST MERIDIAN ID 83642-0000 BURCHFIELD DARRELL L BURCHFIELD LAURIE L 3855 W PARKCREEK DR MERIDIAN ID 83642-0000 931 W WATERBURY DR PARRISH JONATHAN L PARRISH ALLISON 2470 VIRLOW ST #5 IDAHO FALLS ID 83401-0000 2571 NW 10TH AVE WATERBURY PARK NEIGHBORHOOD ASSOCIATION 2304 N COLE RD BOISE ID 83704-0000 WWATERBURY DR SON DAVID S & SHELLIE P 964 W WATERBURY DR MERIDIAN ID 83642-0000 SIMUNICH PROPERTIES L TD PARTNERSHIP 955 W USTICK RD MERIDIAN ID 83642-0000 W USTICK RD LEITHNER JOHN R & LEITHNER APRIL D 936 WATERBURY DR MERIDIAN ID 83642-0000 EVANS LUCINDA 2553 NW 10TH AVE MERIDIAN ID 83642-0000 , -1 'C" I I. Il I - I flj -li ---. /' ( \ ',. ., --13 /7 ~ 97055252 . ;,0;'. ~::. ¡¡'CCOR()ER j. ¡¡f.~'1!! flA\'/\r.¡¡;> !1. p ~/d 7J rd Ifl /Wbi '97 JUL 1~ ArI~l 1 ~ WATERBURYPARKSUBDIVISIONNo'r~::&~t.O . DECLARATION OF COVENANTS nEC.O¡¡,ED ~i [HC ;:EC ~ST Of , . CONDITIO;SS AND RESTRICTIONS THIS DECLARATION, made on the date hereinafter set forth by J. RAMON YORGASON and MARILYN YOROASON, herinafter referred to as "Declarant" WITNESSETH: . WHEREAS, Declarant is the owner of certain property in the City of Meridian, County of Ada, State of Idaho, which is more particularly !!:scribed as: Lots 36 through 43, inclusive, Block I, and Lots 19 through 34, inclusive, Block 7, Lots 1 through 10, inclusive, Block 8, Lots I through 10, inclusive, Block 9, and Lots I through 8, inclusive, Block 10 ofWaterbUI)' Park Subdivision No. 5,Jocated in portions of the E 1/2 SE 1i4 NW If4, and the W 1/2 SW 1/4 NE 1/4 of Section I, T. 3N., R..I W., Boise Meridian, Meridian City, Ada County,Idaho. NOW, THEREFORE, Declarant hereby declares that aU of the properties described above shall be held, sold wd conveyed subject to the following easements, restrictions, covenánts, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parnes having any right, title, or inlerest in the described properties or any pa.'1 thereof, their heirs, success~rs, and assigns. and shall inure to the benefit of each owner thereof. ARTICLE! DEFil'I1TIONS Section I. "Assooiation" shall c::ean and refer to WATERBURY PARK NEIGHBORHOOD ASSOCIATION, INC., ils successors and assigns. Section 1.1 Incorporation bv Reference. Any and all provisions contained in the Articles of Incorporation and Bylaws of Waterbury Park Neighborhood Association. Inc., as amended from time to time are incorporated herein and made a pan hereof. To the extent any provision of the Covenants, Conditions and Restrictions for Waterbury Park Subdivision No.5 conflicts; modifies or amends any provisions of the above referenced Articles of Incorporation or Bylaws incorporated herein, the provisions of this instrument shall control. ~. "Owner" shall mean and refer to the record owner, whether one or more persons or entities., of a fee simple title to an)' Lot which is part of the Properties, including contract sellers, but excluding thoæ having such interest merely as security for tbe performance of an obligation. ~, "Properties" shall mean and refer to that certain real property hereinbefore WATERBURY PAR]( SUBDIVISION No. DECLARATION 01' COVENANTS,CONDI110NS AND RE.'ITRICTIONS. Pili. I 1ft , " . . ~, described and SUCD additions thereto as may hereafter be brought within the jurisdiction of the Association. ~. "Common Arn" shall mean all real property (including the improvements thereto) òwned by the Association for the common use and enjoyment of the Owners. Section 5. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of any Common Area, if there is any. ~. "Declarant" shall mean and refer to J. RAMON YORGASON and MARILYN YORGASON, husband and wife, their suècessors and assigns if such successors or assigns should acquire more than roe unc!:veloped Lot from the Declarant for theiTpurpose of development. Section 7. "Phau". Each parcel orland subdivided using Ihe same name will be identified by a consecutive numrer beginning with No, I and will he known as a .Phase. II ARTICLED GENER'!"L COVENANTS. CONDITIONS, AND RESTRICTIONS Section 1. "Approval of Plans" - No building, fence, waU, structure, impTovement, or obstruction shall be placed or permitted 10 remain upon any part of said properties unless a written request for approval thereof containing the plans and specifications, including exterior color sclæme, has been approved in writing by the Architectural Committee. . The approval of the Committee shall nol be unreasonably withheld i: the said plans and specifications are for improvements which are similar in general design md quality to and generally in harmony with the dwellings lhen located on said properties. Section 2. "Floor Area" - The floor area of a oce-story house in this Subdivision shall not be less than 1,400 square feet on the ground floor or more as specified on the plat. For the purpose of the Covenants, eaves, steps, and open porches shall not be considered as part of a building, provided, however, that this shall not be construed to pennit any portion of a building on a LoL to encroach upon another Lot. Two-storr and tn-level homes shall have not less Ihan 1,600 square feet, exclusive of covered porches, entrances, or patios. No split entry homes, or moving of pre-built homes into the Subdivision, will be allowed. No residence shall be in excess of tWo stories above ground. ~. "Garages" - All area requirements shill be exclusive of the garage area and shall be well-constructed of good quality material and workn¡ansrup. All houses shall have an er:closed garage which holds no lëss than two cars and no more than three. ~ "Value" - The value of any residence shall exceed $90,000.00 based on January 1997 values. Section 5. "Exterior Appeflrancc" - Each house in this Subdivision shall include brick, stone, or stucco on the £¡-ont exposure. As a minimum, brick, stor.e, or stui:co shall be used as full wainscot on the front of the house and garage or aD full-height columns OD the sides of the gange. Builders are encouraged to use decorative windows with rounded tops, bay windows, or pop-out windows.if they are incorpomied WO the roof line. . Broken roof lines, gables. hip roofs, etc., are strongly encouraged. Roofs must be of at least 4 in 12 pitch. No lighl colors of shingles will be allowed. Color must be approved by the Architectural Committee. No gravel roofs will be allowed. All Lots shail be provided with a driveway and a minimum oftwo off-street automobile parking spaces within the boumJaries of each Lot WATERBURY PAIlK S~1BDIVIS;CN No,' DECLARATION DF COVENANTS. CONDITIONS AND RE~Rll.'lONS, P"l",1 ( " . . All plans' must have the approval of the Architectural Committee before slarl of con<lruciion. ~ "Colors" - Exterior colors of earth tones or light bbJes or greys shall be encouraged for ~e body of the house. Bright or bold colors or very dark body colors shall be discouraged. Dark roo: colors are encouraged. Approval of exterior colors, including roof, must be obtained from the Architectural Committee. ~. "Light Pole". Each home is required to have a photo-sensitive poJe light installed in the front yard within ten (IO) feet of the properly line, designed to switch on automalically at sunset and off at sunrise with a minimum bulb power of 60 watts. Completion is the specific responsibility of the builder at Ute time of construction. Wiring must comply with the City's elecïrical code (See City Ordinances). ~. "Landscaping" - Landscaping of £ronl yard must be completed within thirty (3D) dB}'! of substantial completion of home and is 10 include sod in the front yard including both sides of the driveway. Rock or grnvel may not be used as landscaping to pro.ide parking adjacent to driveways. The:e ""ill be one ornamental tree orat leasll.S" diameter or pine tree of at least six (6) feet in height, fin (S) five gallon plants, and five (S) two gallon shrubs. Berm and sculptured planting areas are encouraged. Grass shall be planted in the back yard within one year ofcccupancy.ln the event of undue hariship due to weather conditions, this provision may be extended for a reasonable length of time upon WTh:en approval of the Architectural Committee. Yards and landscaping must be kept well maintained. ~ "Fences" - Fences are not required. If a fence is desired, plans for it shall be appro...'ed b)' the Architectural Committee prior to construction. Fences shan be of good quality and wo:ßnanship and shall be properly finished and maintained, Fences may be built of wood, such as 6- foet dog-eared cedar. Chain link fcnces ate not allov.'Cd except along common areas and/or ditches. Any fence that is built along a lot line which is the boundary between a lot and a Common Area mUS". be made of a see-through material SU1:h as chain link or v.Tought iron and not exceed six (6) feet in heig:lI. Homes adjacent to walkway between lots which lead to CommOli Areas must be six (6) foot chain link or wrought iron along the walkway. If the homeowner whose lot is adjacent to a Common AI:::. desires additional privacy, shrubbery may be planted on the inside of the chain link or wrought iron fer.:e. Fences shall not be buill closer to the front of the 101 than five (5) feet behind the front corner of the house on either side. Fences shall not extend closer than twenty (20) feet to the front-' str:et right of way. On comer lots, fences shall not be built closer than twenty (20) feet to any side st:~t right of way without the express approval of the Architectural Commillee. No fences shall be hig:.er than'six (6) feet. Fences must comply with City Ordinances. If the Declarant should provide any fencing, as may be done mong some Common Areas, where re:;:ired for safety, or for whlltever reason, the Owner on whose lot line the fence is built must assume res;onsibilit). to maintain said fencing. The location offences, hedges, high plantings, obstructions, or barriers shall be so situated as not to =easonably interfere with the enjoyment and use of neighboring properties and streets and shall not be !!Iowed to constitute an undesirable, nuisance, or noxious use. The determination of the Architectural Committee shall be binding on all parties as to whether an undesirable, nuisance,or noxious use exists. See "Vehicle Storage" (Section 10) as it pertains to fencing and the amount of setback r~aired ¡fthe vehicle height extends above the fence, Section 10. "Vehicle Storage" - Parking of boats, trailers, mctorcycles, trucks, truck-campers, WATE.<.3URY MILl( SUBDIVISION 'No.5 DECLARATION o~ COVENANTs, CONDITIONS ANO RESTRICTIONS. Pag< J ~, .: . . and like equipment, or junk cars Of other unsightly vehicles, and like items, shaH not be allowed on any part of said properties nor on public ways adjacent thereto excepting only within the confines of an enclosed garage or other approved enclosure, and no portion of same may project beyond the enclosed . area. Parking of automobiles or other vehicles on any part of the properties or on public ways adjacent thereto shall be prohibited except within garages, carports, or other approved areas. Garage driveways shall not be extended on either side for additional parking without first securing Architectural Committee approval. For the purpose of this Section, an approved area may be beside the house but not on a street side and consist of a six (6) foot solid board fenced enclosure. If the height of Ihe stored item is greater than the height of the front fence, the item must be stored two feet farther tram the front fence for each part of a foot the item extends above the fence, and the item must be stored two (2) feet away from any side yard fence for each part ora foot it extends above said fence, but in no case will the item be allowed to be stored if its height is greater than nine (9) feet or length greater than twenty-five (25) feet. The Architectural Committee shall be the sole and exc1usivejudges of approved parking areas. Section II. "Animals". Keeping or raising of farm animals or poult¡y is prohibited. All dogs and cats or household pets kept on these premises shall be fed and cared for and shan be adequately fenced so as not 10 annoy or trespass upon the use of the property of others. Dogs shall not be aUowed to ron at large. No more than two (2) animals may be kept at one time, except that a litter of young may be kept until eight (8) weeks old. . Section ]'1. "Antennae and Satellite Dishes" - Installation of radio and/or television antennae or satellite dishes Is. prohibited outside of a building without written consent from the Architectural Committee which would require them to be screened from the street view. Section 13. "Setbacks". No building shall be located on any Lot nearer than twenty (20) feet from the front 1i..'1<: and fifteen (15) feet from the rear line nor nearer thanfive (5) feet per story to any side line. Section 14. "Additional easements" - ]n addition to the easements shown on the recorded plat. an easement is further reserved five (5) feet on each side of all other lot lines for installation and maintenance of Utilities, irrigation, and drainage. Within these easements no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities or which may change the direction of the flow of the water through drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility is responsible. Section 15.. "Construction Time" - Construction of any residences in the Subdivision shall be diligently pursued after commencement thereof. to be completed within twelve (12) months. Section 16. No building shall be moved onto the premises. Section I ï. "Type of Residence" - No shack, tent, trailer house, or basement only house, shall be used within the SubdivisioIi for living quarters. permanent or temporary. Section 18. "Outbuildings" - Only one outbuilding per Lot will be allowed; No outbuilding shall be larger t1:an one hundred fifty (150) square feet. All outbuildings shall be constructed of quality building material, completely finished and painted on the outside, and shall be ~f quality and character that will be in humony with the other buildings on said properties. Any outbuilding must be approved by the Architect'~1 Committee. Section IQ. "Unsightly Strudures" . No unsightliness shall be permitted on any lot. Without limiting the generality of the foregoing, all unsightly facilities, equipment or structures shall be enclosed within approved structures or appropriately screened from view. All refuse, garbage and trash shall be kept at aU times in covered, reasonably noiseless containers, which shall be kept and placed for WATERBURY PARK S1.:BDIVISION No. DECLARATION Of COVENANTs. CONDITtONS AND RE5'fRICIlONS. P,ge4 ~ "., . . pickup by garbage removal services. Wood piles, compost piles and facilities for hanging, drying or airing clothing or household items shall be appropriately screened from view. No lumber, grass, shrubs or tree clippings or scrap, refuse or trash shall be kept, stored or allowed to accumulate on any lot. . Section 19. "Offensive Items" - Nothing of an offensive, dangerous, odorous, or noisy endeavor shall be conducted or carried on, nor shall anything be done or permitted in said Subdivision which may be or become an annoyance or nuisance to the other property owners in said Subdivision. Weeds shall be cut to less than four (4) inches. ' Section 20. "Conducting Business on Properties" ~ No business shaJJ be conducted on the above properties that cannot be conducted within the residence of the Owner. Any business conducted within residences in this Subdivision must comply with City Ordinances and require a conditional use penn it. No signs shall be installed to advertise said business. No oil exploration or development of any nature or kind or mining exploration, development ot structure shall be permitted upon the Lots in this Subdivision. . Section 21. "Ir~ation Water" - This Subdivision has pressurized irrigation water provided to each lot for irrigating outside landscaped areas. The pressurized irrigation water supply serving the Subdivision is not potable, or drinkable, and does not meet safe drinking water standards established, from time to time, by the federal, state, and/or local governments. Before any HomeoWner or Builder may connect to the pressurized irrigation water system for any Lot, they must contact the Waterbury Neighborhood Association or Capital Development's office. Section 22. IISewer Locations" - All bathroom, sink, and toilet facilities shaIJ be located inside the dwelling house or other suitable appurtenant building and shall be connected by underground pipe to wet line sewer connection lines which have been provided to each Lot. ' Section 23. "Signs". No sign of any kind shall be displayed to public view on any building or building site on said properties except a professional sign of not more than five (5) square feet advertising the property for sale by' an owner to advertise the properly. If a property is sold, any sign relating thereto shall be removed immediately, except that a "Sold" sign may be posted for a reasonable period following the sale. Notwithstanding any provision to the contrary, signs of any and all sizes and dimension may be displayed by the Declarant, without limitation thereto, on Lots owned by said Declarant. The Declarant, or the Neighborhood Association, may display a sign of any size and dimension, without limitation thereto, for subdivision identification. Section 24. "Waste Disposal~' - No Lot or building site included within this Subdivision shall be used or maintained as a dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage, etc., shall be maintained in a sanitary and clean condition. Section 25. "Construction Equipment" - No machinery, building equipment, or material shall be stored upon site until the Builder is ready and able to immediately commence construction. Such building materials must be kept within the property line of such building site upon which the structure is to be erected. Section 26, "Damage 10 Improvements" - It shall be the responsibility of the Builder of any residence in this Subdivision to leave street, curbs, sidewalks, fences, tiled irrigation Jines, if any, and utility facilities free of damage and in good and sound condition at the conclusion of the construction period. It shall be conclusively presumed that aU such improvements are in good sound condition at the time building is begun on each Lot unless the contrary is shown in writing at the date of conveyance or by date of possession, whichever date shall first occur, which notice is addressed to a member of the Architectural Committee, ' Section 27. The" Architectural Committee's" decision is final and binding on all issues. Secûon28. "Common Area" - The Common Area to be owned by the Association at the time WAT¡¡RDURY PARK SUBDIVISION No. S D¡¡CLAIlA,TION OF COVENANTS, CONDI110NS AND RESTRICTIONS, 1'>;< S I'"~ . . of the conveyance' of the first Lot is described as follows: Lot 22 Block I, Lot I Block 2, Lot 23 Block 2,Lot I Block 3, Lot 2 Block 4, Lot I Block 5, and Lot I Block 6, of Waterbury Park Subdivision No. I, and Lot 21 Block 4 and Lot 32 Block 4, of Walerbury Park Subdivision No.2, Lot 25 Block I of . Waterbury Park Subdivision No.3, and Lot 30 Block I, Lot 35 Block 4, and Lot 18 Block 7 of Waterbury Park Subdivision No.4, and Lot 36 BIQck I, Lot 43 Block I, Lot 19 and Lot 34, Block 7, and Lot 1 Block 10 or Waterbury Park Subdivision No.5, Meridian City, Ada County, Idaho. Section 29. "Annexation". It is intended that additional phases of Waterbury Park Subdivision may be annexed or included within the jurisdiction of this Declaration by Declarant without approval of the Lot Owners. Common Areas included in annexed phases are for common use of Lot Owners in all phases of the Subdivision and will be maintained by the Waterbury Park Neighborhood Association, Inc. Section 30. "City and County Ordinances" - Should these Covenants, Conditions and Restrictions be more restrictive than City and County Ordinances, these CC&R's shall control. In Ihe event that the City or County Ordinances should be more restrictive than these CC&R's, the City or County Ordinances shallëòntrol. . ARTICLEDI ARCHITECTURAL CONTROL "Architectural Committee" - A committee of three persons shall act as an Architectural Committee and shall, prior to any new construction in said Subdivision, be furnished with one set of detailed plans and specifications of any proposed building to be located in said Subdivision and shall be allowed fifteen (15) days to review said plans, drawings, and specifications. If said Committee shall approve the proposed building, or any modification or alteration thereof, they shall so indicale by the dating and signature of a member of Ihe Committee, and their approval shall be construed as full compliance with the provisions of these Covenants. Said Committee shall have sole discretion to determine what shall be substantial compliance with said Covenants. No building shall occupy any portion of said Subdivision without prior consent of said Committee, The decision to approve or disapprove proposed plans rests entirely with the Architectural Control Committee. The initial Committee shall consist of tile following: J. Ramon Yorgason Malilyn Yorgason David R. Yorgason 2304 N. Cole, Suite A, Boise, ID 83704 2304 N. Cole. Suite A, Boise, JD 83704 2304 N.Cole, Suite A, Boise, ID 83704 377.3939 377-3939 377-3939 A majority of said Committee is empowered 10 act for the Committee. In the event any member. of the Committee is unable to act or fails or desires not to act, the remaining Committee members shall appoint an Owner of a Lot in said Subdivision to serve on said Committee, all of whom serve without compensation. Upon the sale oCthe last Lot of the last Phase in said Subdivision, the work of the initial Committee shall be deemed completed. and said Committee members shall then be automatically released from all responsibilities thereto. \ WATERBURY PARK SUBDIVISION No. ~ DECl.ARA 110N OF COVENANTS. CONDITIONS ANn RESTRlcnoNs. Pa¡c5 ,", . . If there is å Neighborhood Association, notwithstanding any other provision to the contrary in the Covenants, Conditions and Restrictions for this Subdivision, afier the Declarant has sold all the Lots in the properties, and not before, the then seated Directors of the Neighborhood Association shall . automatically become the Architectural Committee. Amending this instrument shall not affect this provision. In the event there is not a Neighborhood Association for the Subdh.ision, it is the respoDSibiIity of the Home Owners to select among themselves an Architectural Control Committee. ARTICLE IV GENERAL PROVISIONS ~. "Enforcement". Enforcement against any person or persons violating or attempting to viòlate any covenant herein after ten (10) days notice thereof in writing served on the offending party shall be had by any property owners either at law or equity. In the event of judgement againSt, any person for such, the Court may award injunction against any person for such violation, require such compliance as the Court deems neceSSaI)', award such damages, reasonable counsel fees, and Court costs as may be suffered or incurred, and such other or further relief as may be deemed just and equitable. Any Owner, shall have the right to enforce, by any proceeding at law or in equIty, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver ofthe right to do so thereafter. Section 2. "Severability" - Invalidation of anyone of these covenants or res'.rictions by judgment or Court order shall in no wise affect any other provisions which shan remain in full force and effect. ~. "Amendment". This Declaration may be amended during the first thLT'\y (30) year period by an instrument signed by not less than sixty-seven percent (67%) of the Lot Ov.'11ers. Any amendment must be recorded. ~. "Time Extension for Covenants" . The Covenants set forlh in this instrument shall run with the lånd and shall be binding 011 all persons owning a Lol(s) under them for a ~riod of thirty (30) years from the date of this recording thereof, after which time such Covenants shall be automatically extended for successive periods of ten (10) years, unless at any time after the initial recording of this instrument an instrument signed by sixly-seven percent (67%) of the Le. Ov.uers of this Subdivision has been recorded agreeing to terminate said COVenants, in whole or in part. NEIGHBORHOOD ASSOCIATION ARTICLE VI PROPERTY RlGlITS Section I. "Owner's Easement of Enjoyment" - Every Owner shall have the right and easement of enjoyment in and to the Common Area which shan be appurtenant to and shall pass \~ith the title to WATERBURY PARK SUBDIVISION No.5 DECI.ARATIONOF COVENANTS. CONDITIONS AND RESTRICT10~S. Paa,7 .,.. ,'. . . every Lot, subject.to the following provisions: (a) the right of the Association to charge assessments for !be maintenance of the Common Area; (b) the right of the Association to suspend the voting righ!s and right to use of the Common Area by an Owner for any period during which any assessment against his Lot remains unpaid, and for a period not to exceed sixty (60) days for any infraction ofits public rules Imd reguJatiQßs; (c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such colJditions as may be agreed to by the members. No such dedication or transfer shall be effective unless. an instrument agreeing 10 such dedication or transfer signed by two-thirds (2/3) of each elass of members has been recorded. ~. "Delegation of Use" - Any Owner may delegate, in 2:CCordance with the Bylaws, his right of enjoyment to Ihe Common Area and facilities to the members ofhis family, his tenants, orcOJJtract purchasers who reside on the properties. ARTICLE VII MEMBERSHIP AND VOTING RIGmS Section 1. "Membership" - Every Owner of a Lot which is s:ubject to assessment shall be a member of the Association. Membership shall be appurtena.:lt to ar:.-d may not be separated from ownership of any Lot which is subject to assessment Every perro:! 0: er.tity who is a record owner (including contract sellers) of a fee or undivided fee interest in 8..')' lot (cealed within said property shalJ, by virtue of such ownership, be a member of the Association. When more than one person holds such interest in any occupied Lot, all such persons shall be members. The foregoi.Jg is not intended to iDclude persons or entities who J¡old an interest merely as security for tlIe Ferf,nmance of an obligatiolL The Association shall maintain a member list and may require writte:t proof of any member's lot o'>\11;::rship interest. The financial reports, books, and records ofthe Association may be examined, at a reasonable time, by any member of record. ~. "Voting Rights" - Each member shall be entitle;! to cas! one vote or fractional vot: as set forth herein for each Lot in which he holds the interest required for membership, Only one VOl: shall be cast with respect to each Lot. The vote applicable to any Lot being sold under a contract of sal: shall be exercised by the contract vendor unless the contract ;::xpr:s.s.ly provided otherwise aDd the Assodation has been notified, in ",Titing, ofsueh provision. Voting b)' proxy shall be permitted. ~, "Officers and Directors" .. At an annual meeting C2..!leè pursuant to notice as herein provided for the establishment of annual assessments, a Board of Directoß of the Association shall be elected by ballot of those attending said meeting or voting by proxy. . There shall be three Directors elected to serve for n period of 0::': )'ear. ~, "Common Area Matters". The Association shæ.l] have the right to dedicate or transfer all or any part of the Common Areas to any public agency attJ¡ority, or utility for such pmposes and subject to such conditions as may be agreed to by the member3. No sl1ch condition or transfer shall be effective unless authorized by members entitled to cast two.thirds (21'3) of the majority of the voles at ~ special or general member's meeting and an instrument signed b)' th: Cbairman and Secretary hzs been recorded in the appropriate county deed records, agreeing to such dediC3lion or transfer, and unless written notice of proposed action is sent to every member not Jess than ten (IOj days nor more than fifty (50) days prior to such dedication or transfer; and the Association shaH have the right to suspend any \'oting WATERBURY MRK SUBDIVISION No. DIiCU\RATlON OF COVENANTS. CONDITIOSS AND R!::s11!!l1l0NS. Page g . , ,', . . rights for any period during which any assessment against said member's proper!)' remains trtpaid; and for a period not exceeding sixty (60) days for each infraction orits published rules and regulatiors. ARTICLE vm COVENANT FOR MAINTENANCE ASSESSt-.-lENTS Section L "Creation of the Lien and Personal Obligation of Assessments" - The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deen:ed to covenant and agree to pay to the Association: (I) an initial assessc:ent of sixty dollars (S60.00) for each Lot payable at closing, and (2) annual assessments or charges, and (3) special as~ssme~ts for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, tog~er with ll1teresl, costs, and reast)nable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessmenUs made. Each such .assessment, together with interesl, costs, and reasoc.able atlomey's fees, shall also be the personal obligation of the person who was the Owner of such pro:;¡erty al the time when the asses::nenl fell due. However, the personal obligation for delinquenl assesscellls œu pass 10 his successors in i:tIe. ~. "Purpose of Assessments" - Tnt: assessments levied by the Association shall be used exclusively to promote the recrealion, health, safe!)', a:¡d welfare of the residents in the Properties and for the improvement and maintenance of the Common Are::.. Section 3. "Maximum Annual Assessment". Until January I of the yezz immediately following the conveyance of the first Lot to an O,,¡r:er, the maximum annual assessl11eL.: shall be one hundred and twenty-six and no/I 00 dollars ($126.00) per Lot (a) From and after January I of the year immediately :ollowing the convep.!1ce of !.'1e [test Lot to an Owner, the maximum annual assessment may be j¡;CTe",,-~d each year not more .tha~ 5% abo\'e the maximum assessment for the previous year v..-ithout a vote of !he membership. (b) From and after January I of the year immedia:ely following the conveyance of :he" first Lot to an Owner, the maximum annual assessment may be i:K:rease.: above 5% by a vote of twc-thirds (213) of each class of members who are voting in person or by prcx)' or written baJlot at a meeting duly called for this purpose. (c) The Board of Directors may fix the annu21 assessment at an amount not ir. excess of the ma.'<Imwn. . ~. "Special Assessments (or Capita! Improvements" - In addiûo:: to tbe annual assessments authorized above, the Association may levy, iI: any assessment year, a spe::al assessment applicable to that year only for the purpose of defraying, in v.-nole or in part, the cost of 2.:1; construction, reconstruction, repair, or replacement of a capital improvemer.: upon the Common Area, inc:uding fIXtures and personal property related thereto, provided that an)' SUth assessment shall have the assent of two- thirds (2/3) of the votes of each class of members who are ,"cling in person or by p:oxy at a meeting duly called for this purpose, Section 5. "Notice and Quorum for Any Action Authorized Under Sections 3 and 4" - Written notice of any meeting called for the purpose of takicg any action authorized under Section 3 and 4 shall be sent to all members not less than 10 days nor more fum SO days in advance of the IT.eeting. At the first such meeting called, the presence of members or of p:oxies or ""Titten ballot entitled to cast siKty percent (60%) of all the votes of each class of membership sh:;JI constitute a quorum. . Section 6. "Uniform Rate of Assessmenl" - Both annual and specia} assessments must be WATERnURY PARK SUUDlvtStON No.5 DECLARATION OF COVENANTS.CUl'IXTtONS ANO REST1UCrIONS. Pas. 9 " , . . fixed at a uniform rate for all Lots and may be collected on a monthly, quart:rly, or annual basis at the discretion of the board. ~. "Date of Commencement of Annual Assessments: Doe Dates". The annual assessments provided for herein shall commence as to all LoIS on the first day of the month following the conveyance of the Common Area to the Neighborhood Association. The flfst annual assessment shall be adjusted according to the number of months remaining in the calendar yœ-. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30)daj'S in advance of each !lDJ]ual assessment period, Written notice of the annual assessment shall be sell! to evezy Owner subject thereto. The due dates shall be established by the Board of Directors. The Associmon shall, upon demand, and for a reasonable charge, furnish a certificate by an officer of the ASSOCiatiOD setting forth whether the assessments on the specified Lot have been paid. A properly executed ce:tifica1e of the Association as to the status of assess men IS on a Lot is binding upon the Association as oftl:e daœ of its issuance. ~. "Effect of Nonpa)'Dlent of Assessments: Remedies of the Association" - Any assessment not paid within thirty (30) days after the due date shaI1 bear interest ÚODl the due date at the rate of 18% per annum. The Association, or any Owner, may bring an action at law against the Owner perSQnally obligated to pay the same, or foreclose the lien against the prcperty. No Owner may waive or otherwise escape liability for the assessmei1ts provided for herein by r.on-use of the Common Area or abandonment of bis Lot. ~. "Subordination of the Lien to Mortgages" - The !ìen of the assessments provided for herein shall be subordinate to the lien of any first mortgage. SaJe or 1¡o-IIsfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pmsuam to mortgage foreclosure or any proceeding in lieu thereof shall extinguish tl:e lien of such assessments as to payments which became due prior to such sale or transfer. No sale or tra.1Sfer shall relieve such Lot tom liability for any assessments thereafter becoming due or from the lien ther:of. Section 10. "Property Exempt from Assessmenls". The fdowÙlg property subject to this declaration shall be exempt ftom the.assessrnenEs created herein: (a) all properties expressly dedicated to and accepted by a loca1 p:blic authority; (b) any local properties owned by the Association. Section 1 I. If Association Duties" - The Associatio:1 is a-;tho:ized, but not limited, to perfonnance or the following: prepare an annual budget which shall. i::dicare anticipated management, operating, maintenance, repair, and other common expenses for the Association's next fiscal year and which shall be sufficient to pay all estimated expenses and outlays of the Association for the next calendar year growing out of or in connection våth the maintenance and op..ratbn of Common Areas and improvements and may include, among oilier things, the cost of mi.,'lteI:aIlce, management, special assessments, fire, casualty, and public Jia'::ility insurance, common lighting, landscaping, and care of grounds, repairs, renovations, and paintings to Common Areas, snow re¡¡:oval, wages, water charges,legal and accounting fees, management, fees., expenses and liabilities incurred 1:=¡ the Association from a previous period, and the creation of any reasonable contingency or other reser,-e flD<!, as well as all costs and expenses relating to the common area and ir:;provemenEs. . The Association shall be respoDsib;e for the repairs, upkeep an: Irullntenance, normal servicing, gardening, rules and regulations for use, C2J'e, and safety, annual planti¡;g of flowers (if any), payment of bills, and related expenses for any Common Area. WATERBURY PARK SUBDIV:SION No. S DECLARATION Cl' COV~NANTs.CONDITIONS ANO RESTIUC'ilONS, Pogo 10 . . IN WITNESS WHEREOF, the undersig¡:cd, being the Declarant herein, have executed this instrument on this /ð/L day of . O~ . 19î2-. . (I ~.- },. L y. ASON STATE OF IDAHO } } : 55. }- County of Ada . On this Jo ß. day of ~. . 19.1.L.t:eroreme,the undersigned, a Notary Public in and for tbe Slate of Idaho, personally appeaf?'d J. MaN VaRGASON and MARILYN VaRGASON, known \~'ine to bc tbe persons whose .,.:110$ are subscribed to the within ir.strume;;! and ackno,",ledged to me Lbat they executed the såinè: . .,'; ....., "', ,.' ,. . '. , ....., ;;.:.~~ '- : ~ - < ..' ~ /;~ .tJ. *'. ~ï¡ ~',~, ':~='" .T N=-yPublicforlheStateofldabo !.i !~"._" :~i . Re<.idingat "6&-6.!:ot. -.....a£~. ~~. LO:-< ...-' ,.: MyCommissionExpires' t)ß-óJ 7-:'/~7' "","~~c.'/ . """': .~ '.:: ¡- .,' c WATERBURY pAltJt SUBDIVISION No.5 DECLARATI()O; or ÇQ\'ENANTS. CONDITIONSA.\D RESTRICIlONS. 1'a~.11 - x..- ',- '-' "ENDMENTS TO DE CLARA TIO8F PROTECTIVE RESTRICTIONS AND COVENANTS WATERBURY PARK SUBDMSION This Amendment is made the last day set forth in this document by a proper majority of the lot owners of Waterbury Park This amendment shall modifY and change that certain Declaration of Protective Restrictions and Covenants for Waterbury Park Subdivision dated July 15, 1992 and recorded the same as instrument No. 9246S3Yecords of Ada County, Idaho, TIùs modification (easement) shall have the same effect as ifit were a part of the original ~IirQrian6 3 0 2 The amendment is as fol!ows: '1 (P tl tf h3~ ~ -:- ~':=1D ç ~ Aniele VIII, Covenants for Notice and Quorum ;. [);, i:,~ ,,;' "¡ . ~" :', SectionS and Actions under Sections 3 and 4 aOjSE 1[; ~"..v Shall be eliminated andWïll read as fol!ows: Wl1tA. ø~ '96 NDU21 ~rJ~!j, ï Notice of Quorum for any action under Anicle VIII section 5 "~otice and Quorum ~, 0, ,r ~Y. actio, , authorized under sections 3 and 4" FEE::;-;-_¡,.j~ ,:r ,/r RECul'voJ~; "'~ ,qi:' EST C,= Written notice of any meeting called for the purpose of taking any action authorized undèr section 3 and 4 shall be sent to all members not less than 10 days nor more than 50 days in advance of the meeting. At the first such meeting caUed, the presence of members or of proxies entitled to cast ten percent (10%) ofal! the votes of each class of membership shall constitute a quorum Waterbury Park Homeowners' Association Inc. (Also commonly known as Waterbury Park Subdivision.) By: Q J 19.fL, ~ . a Notary Pub! i nd or s Id State, person- ally appeared ,7JtJ.A.J ßberG, tt/lci 11",/.J.# #/11 Attest: ",' .:~l}""?è ' PEGGY J. JACOBSON 11 NOTARY PUBUC . STATE OF IDAHO My Comm.8lon EIC)¡" 3-24-88. :. ;:, , Idaho. -. a.ENDMENTS TO DECLARA TIOaF PROTECTIVE RESTRICTIONS AND COVENANTS WATERBURY PARK SUBDMSION This Amendment is made the last day set forth in this document by a proper majority of the lot owners of Waterbury Park. This amendment shall modify and change that certain Declaration of Protective Restrictions and Covenants for Waterbury Park Subdivision dated July 15, 1992 and recorded the same as instrument No. 924683yecords of Ada County, Idaho. This modification (easement) shall have the same effect as ifit were a part of the original ~B.r~iÐn63 0 2 The amendment is as follows: r.r (p tJ '1 ft;{3~ ;J., ',- . -:: ~.:~ C;:: ,'è Article VIII, Covenants for Notice and Quorum ~. Of, i: ,~. '.: ' ~~., Section 5 and Actions under Sections 3 and 4 aOi~;: If. "~(~.",;) Shall be eliminated and:m read as follows: iiJi1iA. ø~ '96 NOU21 fI¡r¡~!J. ï Notice of Quorum for any action under Article VIII section 5 "~otice and Quorum ,~,or a,Jy' a, ctio h . d d . 3 d 4" FEE -¡,,:fli .'r ,/,r aut onze un er sections an REC'--' 7, .' -: --. VILc__, ::'"r;o' ESTer Written no.tice of any meeting called for the purpo.se of taking any action autho.rized under section 3 and 4 shall be sent to all members not less than 10 days nor more than 50 days in advance of the meeting. At the first such meeting called, the presence of members or of pro.xies entitled to cast ten percent (10%) of all the votes of each class of membership shall constitute a quorum Waterbury Park Homeo.wners' Association Inc. (Also commo.nly known as Waterbury Park Subdivision.) By: Q STATE OF I OAHO , ) County of AOA ) ss. On this 'I. -l o.f ,19~, Attest: before me, . a Notary Pub!! nd or s Id State, ally appeared ,Dt)).) .:::7S.be/"G, j.{ ~ ¡' 1-/1 If/l / ~ person- ;!' , .¡;t~j:'~~ ' ¿(./lei PEGGY J. JACOBSON tlNOTARY PUBUC tl STATE OF IDAHO My Comml8llon ExpIrea 3-24-88. " Sec.. '-' ~, , Idaho. . . BYLAWS OF WATERBURY PARK NEIGHBORHOOD ASSOCIATION, INc. ARTICLE I NAME AND LOCATION The name of the corporation is WATERBURY PARK NEIGHBORHOOD ASSOCIATION, INC. ..{hereinafter referred to as the Association). The principal mailing . address of the Association is 2304 North Cole Road, Suite A, Boise, Idaho 83704. Meetings of Members and directors may be held at such places within the State of Idaho, County of Ada, as may be designated by the Board of Directors. ARTICLE U DEFINITIONS . ' Section 2.01. "Association" shall mean and refer to WATERBURY PARK NEIGHBORHOOD ASSOCIATION, INC., its successors and assigns. Section 2.02. "Properties" shall mean and refer to certain real property described in the Articles of Incorporation; Declaration of Covenants, Conditions and Restrictions, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 2.03. "Common Area", if any, shall mean, but not include, any common area owned by the Waterbury Park Neighborhood Association, Inc. and all real . Properties owned by the Association for the common use and enjoyment of the Owners. Section 2.04. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area. Section 2.05. "Owner"shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title. to any Lot whiCh is part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation: Section 2.06. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions, and Restrictions applicàble to the Properties recorded in the office of the County Recorder of Ada County, Idaho. Section 2.07. "Member" shall mean and refer to those persons entitled to membership by having paid all fees and dues required and by being a property owner within Waterbury Park Subdivision, as presently recorded in the Book of Plats, records of Ada County, Idaho, or future phases as may be platted by J. Ramon Yorgason and Marilyn Yorgason and BYLAWS FOR WATERBURY PARK SUBDIVISION, Page 1 . . included as part of said Properties. ARTICLE 1Il MEETING OF lEE MEMBERS Section 3.01. "Annual Meetings." - The first annual meeting of the Members shall be held within one year from the date of incorporation of the'Ass'ociation, and each subsequent regular annual meeting of the Members shall be held during the second week of July, 1993 and each year theœ.after at the hour of 8:00pm. If the day for the ann4al meeting of the Members is a legal holiday, the meeting will then be held at the same hour on the first day followirig which is not a legal holiday. , Sections 3.02. "Special Meetings." . Special meetings of the Members may be called at any time by the president or by the Board of Directors upon written request ofthe Members who are entitled to vote one-tenth (1/10) of all votes of the Membership. Section 3.03. "Notice of Meetings," - Written notice o( each meeting of the Association shall be given by, or at the direction of the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least ten (10) days, but not more than fifty (50) days, before such meeting to each Member entitled to vote thereat, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of such notice. Said notice shall specify the place, date, and hour of the meeting and., in the case of a special meeting, the purpose of the meeting. . Section 304 "Quorum,". Any meeting of the membership of the Association called for the purpose of coordinating business on behalf of the: Association shall require a quorum. Sixty percent (60%) of the voting members or their proxies shall constitute a quorum. If, however, a quorum is not present nor represented at any meeting, the Members entitled to vote thereat shall have power to adjourn such meeting without notice, other than announcement at the meeting, until such required quorum is present or represented. - Section 3.05. "Proxies," - At all meetings of the Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary of the Association at or prior to such meeting. Every proxy shall be revocable and ~hall automatically cease upon conveyance by the Member of his Lot or upon failure to pay required fees or dues. ARTICLE IV BOARD OF DlRECfORS: SELECflON, TERM OF OFFICE -I. Section 4.0 I. "Number," . The affairs of this Association! shall be managed by a Board of Directors, hereinafter referred to as the Board, consisting of three (3) directors BYLAWS FOR WATERBURY PARK SUBDIVISION, Page 2 . . who must be members of the Association. , Section 4.02. "Term of Office." - At the first annual meeting of the . Association, members shall elect three (3) directors. Each director shall be elected for a term of one (I) year and at such annual meeting of the Association thereafter, the Members shall elect three (3) directors, of which at least two (2) are incumbents, for a term of one (I) year. Section 4.03. "Removal." . Any director may be removed from the Board with or without cause, by majority vote of the Members of the Association. In the event of death, resignation, or removal of a director, his successor shall be selected by the. remaining Members of the Board and shall serve for the expired term of his predecessor. Section 404 "Compe.nsation." . No director shall receive compensation for any service he maY-Mnder to the Association: However, any director will be reimbursed for his actual expenses incurred in the performance of his duties. Section 405. "Action Taken Without B Meeting." - The directors have a right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors. ARTICLE V NOMINATION AND ELECIlON OF DIRECTORS Section 5.01. "Nomination," . Nomination for election to the Board shall be .made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting of the Association. The Nominating Committee shall consist of a Chairman, who shall be a Member of the Board, and two or more Members of the Association. The Nominating Committee shall be appointed by the Board prior to each annual meeting of the Members to serve from the close of such annual meeting until the close of the next annual meeting, and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board as it shall in its discretion detennine, but not less than the number of vacancies that are to be filled. Such nominations must be made from among Members in good standing. Section 5.02. "Election.'t - Election to the Board shall be by secret, written ballot At such election, the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Articles of Incorporation. The persons receiving the largest number of votes shall be elected. l BYLAWS FOR WATERBURY PARK SUBDIVISION, Page 3 ~ . '- . . . . included as part of said Properties. ARTICLE III MEETING OF THE MEMBERS Section 3.01. .. Annual Meetings." - The first annual meeting of the Members shall be held within one year from the d.ate of incorporation of the' Association, and each subsequent regular annual meeting of the Members shall be held during the second week of July, 1993 and each year ther~ter at the hour of 8:00pm.. If the day for the annual meeting of the Members is a legal holiday, the meeting wilI then be held at the same hour on the first day followrng which is not a legal holiday. Sections 3.02. "Special Meetings." - Special meetings of the Members may 'be éalled at any time by the president or by the Board of Directors upon written request of the Members who are entitled to vote one-tenth (l110) of all votes of the Membership. Section 3.03. "Notice of Meetings.'1 - Written notice of each meeting of the Association shall be given by, or at the direction of the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least ten (10) days, but not more than fifty (50) days, before such meeting to each Member entitled to vote thereat, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of such notice. Said notice shall specify the place, date, and hour of the meeting and, in the case of a special meeting, the purpose of the meeting, Section 3.04. "Quorum." - Any meeting of the membership of the Association called for the purpose. of coordinating business on behalf of the Association shall require a quorum. Sixty percent (60%) of the voting members or their proxies shall constitute a quorum. If, however, a quorum is not present nor represented at any meeting, the Members entitled to vote thereat shall have power to adjourn such meeting without notice, other than announcement at the meeting, until such required quorum is present or represented. Section 305. "Proxies." - At all meetings of the Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary of the Association at or prior to such meeting. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his Lot or upon failure to pay required fees or dues. ARTICLE IV BOARD OF DIRECfORS: SELECfION, TERM OF OFFICE Section 4.01. "Number." . The affairs of this Association shall be managed by a Board of Directors, hereinafter refetTed to as the Board, consisting of three (3) directors BYLAWS FOR WATERBURY PARK SUBDIVISION, Page 2 .' , . . . ARTICLE VI MEETING OF DIRECfORS Section 6.01. "Regular Meetings." - Regular meetings of the Board shall be held at least quarterly without notice, or more often as deemed necessary upon notice, at such time and place as may be fixed from time to time by resolution of the Board. Should said meeting fall on a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Section ,6.02. "Speciál Meetings." - Special meetings of the Board shall be , held when called by the president or by any two (2) directors after not less than three (3) days written iIotièe to each director. Section 6.03. II Quorum." - A majority of the directors shall constitute a 'quo'rum for the transaction of business. Every act or decision done or made by a majority of the directors shall present at a duly held meeting at which a quorum, if present, shall be regarded as the act of the Board. ARTICLE VII POWERS AND DUTIES OF mE BOARD Section 7.01. "Powers." - (a) Adopt and publish rules and regulations governing the use of any Common Area and facilities and the personal conduct of the Members and their guests thereon to establish penalties for the infraction thereof. (b) Suspend the voting rights from the Association and right to use of any common recreational facilities by a Member during any period in which such Member shall be in default in the payment of any assessment lévied by the Association. Such rights may also be suspended after notice and hearing for a period not to exceed sixty (60) days for the infraction of published rules and regulations. (c) Exercise for the Association, all authority, powers, and duties vested in or delegated to this Association and not reserved to the Membership by other provisions of these Bylaws, the Articles of Incorporation or the Declaration. (d) Declare the office of Member of the Board to be vacant in the event such Member shall be absent from three (3) consecutive regular meetings of the Board without excuse. (e) Employ an attorney or such other employees as the Board deems necessary and to prescribe their duties. Section 7.02. "Duties." - It shall be the duty of the Board to: , (a) Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or at any special meeting BYLAWS FOR WATERBURY PARK SUBDIVISION, Page 4 " . . ~. when such statement is requested in writing by one-tenth (1/10) of the Members who are entitled to vote (b) Supervise all officers. agents, and employees of this Association and to see that their duties are properly perfonned. (c) Fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period. (d) Procure and maintain adequate liability and hazard insurance. (e) Take such actions as deemed appropriate to enforce reasonable compliance with the Declaration. ARTICLE VIII OFFICERS AND THEIR DUTIES Section 8.01. "Enumeration of Officers." - The officers of the Association shall be a president and vice-president. who shall at all times be Members of the Board. a secretary. treasurer, and such other officers as the Board may from time to time by resolution require. ' Section 8 02. "Election of Officers." - The election of officers shall take place at the first meeting of the Board following such annual meeting of the Members. Section 8.03. "Term." - The officers of the Association shall be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign. be removed. or otherwise be disqualified to serve. Section 8.04. "Special Appointments." . The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may from time to time determine. , Section 805. "Resignation and Removal." - Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the president, or the secretary of the Association. Such resignation shall take effect on the date of receipt of such notice or any later time specified therein. and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 8.06. "Vacancies.". A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the tenn of the officer he replaces. Section 807. "Multiple Offices." . The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 8.04 herein. Section 8.08. "Duties." . The duties of the officers are as follows: BYLAWS FOR WATERBURY PARK SUBDIVISION, Page 5 .' . . (a) President. The president shall preside at all meetings of the Board; shall see that . orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deed, and other written instruments and shall have the right to sign checks and promissory notes. (b) Vice-Preside!lt. The vice-president shall act in the place and stead of the president in the event of his absence, inability, or refusal to act and shall execute and discharge such other duties as may be required of him by the Board. (c) Secretary. The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; serve notice of meetings of the Board and of the Members; keep appropriate, current records showing the Members of the Association together with their addresses and shall perform such other duties as required by the Board. (d) Treasw'er. '1'he treasurer shall receive and deposit in appropriate bank accounts .all monies or'the Association and shall disburse such funds as directed by resolution of the Board; shall have the right to sign checks and promissory notes of the Association; shall keep proper bo'oks of account; shall, at the request of the Board, cause an -annual audit of the Association's books at the completion of each fiscal year and shall prepare an annual budget and a statement of income and expenditures to be presented to the Membership at its regular annual meetings. ARTICLE IX COMMITTEES The Association shall appoint an Architectural Control Committee, as provided in the Declaration, and a Nominating Committee, as provided in these Bylaws. In addition, the Board may appoint other committees as deemed appropriate in carrying out its purposes. ARTICLE X BOOKS AND RECORDS The books, records, and papers of the Association shall. upon reasonable notice to the secretary, be subject to inspection by any Member. The Declaration or the Articles of Incorporation and the Bylaws of the Association shall be available forinspection by any Member at the home of the Secretary of the Association, where copies may be purchased at reasonable cost. ARTICLE XI AMENDMENTS Section 11.01. These Bylaws may be amended at a regular or special meeting of BYLAWS FOR WATERBURY PARK SUBDIVISION, Page 6 ~ ^ " . . the Members by a vote of a majoritý of a quorum of Members present in person or by proxy. Section 11.02. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control and, in the case of any conflict between the Declaration . and these Bylaws, the Declaration shall control. ARTICLE XII FISCAL YEAR . The fiscal year of the Association shall begin on the first day of incorporation and on the same day of the same month each year thereafter. The fiscal year shall end one year from the date of the beginning of the tm:al year. . ARTICLE XIII ASSESSMENTS The Association shall have the right to charge Members special assessments from time to time for the purpose of carrying on the Association's affairs. Assessments shall be assessed by the Association at such times as it deems appropriate by mailing a notice to each Member of the Association notifying such Member of the amount of assessment then due and owing by such Owner. All assessments shall be due in cash as of the date set forth in the notice. Assessments not paid by an Owner in a timely manner shaUbear interest at the rate of 12% per annum from each assessment's due date. All assessments shall be fixed at a uniform rate for all Owners subject thereto. ARTICLE XIV ARBITRATION Any dispute between a Member of the Association and the Association regarding the applicability of the Declaration of Covenants, Conditions, and Resrictions to the Member and/or the Member's property within the subdivision, and/or regarding the enforcement by the Association against the Member of the Declaration of Covenants, Conditions, and Resttictions which is not resolved by agreement of the Association and the Member shall be subject to binding arbitration. . The Association shall select the arbitrator and shall have discretion to select the arbitrator from The American Arbitration Association or from the membership of the Idaho State Bar Association, provided, however, that the arbitrator shall not be an owner of property within the subdivision. BYLAWS FOR WATERBURY PARK SUBDIVISION, Page 7 '. " . . The foregoing Bylaws, after being read section by section, were approved by all of the Members and the Board of this corporation at a m~eûng held on the 3rd day of 'August , 1992. . ì' I ' I ' :1 I /1((1/1(11 \- ¡'i/(U(ll 1. RAMON yak AS' N i .'.')" ,.1", (¡."" MARILyN YORQASÒN /ì .' ~ A><MI q, f 1d'uLW' (:A ES L. TlTMUS STATE OF IDAHO County of Ada ) ) SS. ) On this ~ day of Auqust , 1992, before me, the undersigned, a notary public in and for said state, personally appeared 1. RAMON YORGASON, MARILYN YORGASON, and JAMES L. TlTMUS, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year this certificate first above written. /J 7 "/7 ,¡ ,¿.:Ve ¿/(1t..t. ~f'. ..LL.u.6" Notary Public for Idaho Residing at Boise, Ada, Idaho My Cornmission Expires August 23, 1993 BYLAWS FOR WATERBURY PARK SUBDIVISION, Page 8