Schwenkfelder, Trent
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GARY D. SMITII, P.E.
Public Works Director
. CITY OF MERIDIA8
PUBLIC WORKS I BUILDING DEPARTMENT
MAYOR
ROBERT D. CORRIE
BRAD R. WATSON, P.E.
City Engineer
COUNCIL MEMBERS
RON ANDERSON
KEITH BIRD
TAMMY DE WEERD
CHERIE MCCANDLESS
May 3, 2001
RECEIVED
MAY - 4 2001
Trent Schwenkfelder
2728 S. Brandy's Jewel Ave.
Meridian, Idaho 83642
CITY OF MERIDIAN
RE: FENCE VARIANCE REQUEST - 2728 S. BrandY's Jewell AYe.
Dear Trent:
The Fence Variance Committee of the City of Meridian, met in your presence at 4:30 P.M., May 2,
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 ~ from the yard-side edge of sidewalk
along So. Loftus Way.
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 give me a call.
Sh~
Gary D. Smith, PE
Fence Variance Committee
Cc: File, Bldg.lnspector, City Clerk
660 E. Watertower Ln., Suite 200 Meridian, Idaho 83642
Public Works (208) 898-5500 Building (208) 887-2211
Fax (208) 887-1297
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CITY OF MERIDIAN
MERIDIAN FENCE COMMITTEE MEETING
AGENDA
Wednesday, May 2, 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
Trent Schwenkfelder
2728 South Brandys Jewel
Lot 15 Block 10
Thousand Springs No.5
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CITY OF MERIDIAN
33 E. IDAHO MERIDIAN, ID 83642
FENCE VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance)
APPLICANT NAc"1E: frÛ'\-\'- Sc-hwel'\tl'elkr
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ADDRESS:
.:2/2 'is
s. í3n.",GI..'1S Te...,)d
PHONE ~'1D-C¡803 oí
"3ìS--o4<tz...
OWNERs NAME & ADDRESS: (If different than atove)
PROOF OF OWNERsHIP: (COpy OF DEED OR OPI'ION MUST BE ATI'ACHED)
LEGAL DESCRIPTION OF PROPERTY: ICII'¡¡
,s-
ELK ¡¡. 10
SUBDIVISION '""f'hOLJ~,,",t:k.. ~r:I'\~S *ç
PRESENT USE & ZONING OF PROPERTY Iè~ç~d..~d. Rtf.
SCEEMATIC DRAWING: ATI'AΠDRAWING SHa-iING BUILDINGS, STREErS & PROPOSED FENCE:
SURROUNDING PROPERTY CWNERS: LIST OF TEE MAILING ADDRESSES OF ALL PROPERTY
OWNERs (FROM AUI'HENTIC TAX RECORDS OF ADA CO1:JNTY) WITHIN 'IWJ HONDRED (200)
FEET OF TEE EXTERNAL BOUNDRIES OF TEE LAND BEING CONSIDERED:
DESCRIPI'ION OF REQUIRE:MENTS OF THE ORDINANCE THAT NEED TO BE REDUCED TO
PERMIT TEE PROFQSED FENCE: ~t..wc.e. -se.* \x..c.IL. C?""", 2D~ ~
10 C:~d-.
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A'IT.Aæ APPLICATIoN FEE OF $ 5 0 -
A'ITACH STATEMENT THAT FENCE IS ALI..CWED UNDER THE RESTRICl'IVE COVENANTS OF THE
SUBDIVISION OR A COPY OF THE RESTRICl'IVE COVENANTS PERI'AINING TO FENCES:
APPLICANTS SIGNATURE: -1-T...t~
DATI: RECEIVED
4110{o/
CV VI ähvy'
RECEIVED BY
CCM-1ITI'EE HEARING DATE
6/trlo/
~~\. UN !: ¡oat ~ectlon 11-9-605 J., FENCES, is hereb
amended. the additIon thereto.f a new SubsectIon to b
numbered 10 and which shall read as follows:
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10.
a. The owner or applicant shall file an application
for a fence variance with the City Clerk, which
appl1cation shall state the follow1ng:
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Address of Subject property;
Name, address and phone number of applicant;
3.
Name, address and phone number of owners of
the subJect property;
Proof of ownership;
Legal description of subject property;
Present use of subject property;
Zoning of the subject property;
-Schematic drawing of the building and
proposed fence;
establ ished b
resolution
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Fence Regulation
INSIDE LOT
9-617 A!
Property LIne
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CITY OF MERIDIAN
728 Meridian Strut
88B-4oIJ3
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lid or Open Fence
SoBehind Set Back
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3' Solid Fence
or 4' Open
Type Fence ~
In Front of Setback
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'/ L ve Operr Access
~~ ¡later Mete:-s.
Fire Hydrant, s
Power Transformer,
6' Wood, Solid
( or Open Fence
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Wood or Solid Fence
or 4' Op;n Fence
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'3' Wood or Solid Fence 30' ")I... - vO'
4' Open Fence .L '"Y' ëP
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~- Site Triangle ;; ~",;:,:: , . , (
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to \later Heters,
Fire Hydrant, formers, etc.
Power Trans
EXHIBIT "D"
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9-605
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recreatiotlt vehicles, commercial and in~rial activity, number
of dwelling units, maintenance of open space, pri va te utility
lines, allowable signing and amendment provisions. (Ord. 557,
10-1-91)
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FENCES
Fences are permitted accessory uses in all districts and shall be
regulated by the City Building Inspector. The following
regulations shall govern the type, location, and construction of
all fences. When a fence is erected not in conjunction with a
building permit for a principal use or building, a separate
permit is required.
1.
Electric fences shall be prohibited within the corporate
limits of the City;
2.
Barbed wire may be permitted in commercial and indu3trial
di3tricts only when u3ed a3 the top section for 3ecurity
fence3 and shall be a minimum of seventy two inche3 (72")
above grade to the bottom wire;
3.
Open-vision fences may be built to the property line in
commercial and industrial districts;
4.
For the purpo3es of thi3 Section, wa113, latticework, and
3creen3 3hall be con3idered to be fence3 and shall be built
and maintained in compliance with the provi3ion3 hereof;
5.
The use of boxe3, sheet metal, old or decayed wood, broken
ma30nry block3, or other like un3ightly materials for
fencing 3hall be prohibited; (Ord. 430, 4-2-84)
6.
Fence3 may be erected in all re3idential and limited office
districts subject to the following:
a.
Solid or closed-vision fence3 to a height of thirty
six inches (36"), or open-vi3ion type fences to a
height of forty eight inches (48") may be built from
the front of the dwelling unit to and including the
front property line. Fences to a height of 3eventy
two inche3 (72") may be built from the front of the
dwelling unit to and including the rear property
line;
b.
Any open-vision fence, wall, or planting On or within
the clear-vision triangle shall be limited to thirty
six inches (36") in height measured from the crown of
the street; and
c.
Solid or closed non-vision fences to a height of
thirty six inches (36") or open-vision type fences to
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n"J.gm: OJ. J.orty e;i,ght ;i,nches (4~") may be bu~lt
along th. e front propert.~ine and along the side
property line to the f"W' of tl\.e dwelling unit,
except that a fence of seventy two inches (72") in
height may be built upon street and side property
lines from the front of the dwelling to the rear
property line, provided that no closed non-vision
fence which exceeds thirty six inches (36") in height
may be erected in the clear-vision triangle.
Any developer intending to construct a fence on top
of a berm shall show the berm and the fence on the
preliminary plat and shall include with the
preliminary plat the design, placement, heights,
specifications, and drawing of said fence.
Any developer intending to construct a boundary fence
'on the boundaries of a proposed subdivision shall
show the fence on the ~reliminary plat and shall in-
clude with the preliminary plat the design, place-
ment, height, specifications and drawing of said
fence. (Ord. 557, 10-1-91)
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7.
b.
h.
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The policy for the permission to and the cond~t~ons and restric-
tions imposed by the permission to construct and erect fences
within public right-of-way is hereby established as follows,
a.
Where a sidewalk five (5) or more feet wide exists, an
applicant may construct a fence immediately adjacent to
the sidewalk on the dwelling side. When a sidewalk does
not exist, the applicant must provide a reasonably level
walkway not less than five (5) feet, six (6) inches wide
if adjacent to a collector or arterial street, or four (4)
feet, six (6) inches wide if adjacent to a local street,
measured from the back of the curb or curb line;
The design of the fence shall receive prior approval by
the City Building Inspector and must be built in compliance
with such prior approval and in accordance with plans and
specifications submitted;
c.
Fences shall not exceed four (4) feet in height in the
front setback area or six (6) feet in height elsewhere on
property to be fenced and shall otherwise comply with this
Ordinance;
d.
Regardless of the type of ma terial used, fences shall be
built of materials meeting Uniform Building Code require-
ments for structural stability, fire resistance, and
safety;
e.
Fences and all appurtenant structures or footings con-
structed on easements or public rights-of-way shall be
removed at the expense of the property owner within thirty
(30) days after proper notification by the City Building
Inspector;
f.
The applicant shall furnish and maintain liability insurance
in which the City shall be named as the insured in the
minimum amount of three hundred thousand dollars
($300,000.00) property damage to anyone (1) person, three
hundred thousand dollars ($300,000.00) for personal injuries
to anyone (1) person, and three hundred thousand dollars
($300,000.00) for personal injuries to persons per
occurrence;
g.
All work (such as grading, seeding, or paving between the
proposed fence to be erected on public property and the
curb or street travel way) shall be at the expense of the
property owner and in accordance with the requirement and
specification of the Ada County Highway District;
If the City Building Inspector approves the application,
the applicant must obtain a building permit from the
Department of Building, ACHD or State DOT, as applicable,
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b~fore cornrnenc~ng the constructlon or ~rectlon of
said fence;
With or without notice, th~right, privilege and-per-
mi~~ion to construct and erect a fence upon and with-
in a public right of way is subject to revocation at
the will of the City or owner of said right of way,
and any expen~e incurred by the applicant in the con-
struction and erection of a fence within the public
right of way shall be done at the applicant' s own
expense and risk; and
j.
The applicant will, upon the approval of the City
Building Inspector of the right, pri vilege and
permission to so construct and erect a fence, execute
an agreement that the applicant shall acquire no
property or contractual right in and to such public
right of way. Whenever the City or Ada County Highway
District, or State DOT, deem~ it necessary as a
proper police measure to vacat.e and revoke such fence
permit, the applicant has no alternative but to
comply with the order of revocation.
For
illustration of fence regulations, see Section
in the Appendix of this Ordinance. (Ord. 43~
an
9-617A2
4-2-84)
Subject to the other restrictions contained in this
Section, "Fences", the maximum fence heights in each zoning
district shall be as follows:
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HEIGHT
a.
R-4, R-8, R-1S, R-40 and L-O
6.0 feet
b.
C-N, C-C, C-G and RSC, OT and MUR*
8,0 feet
c.
THE, I-L and M
8.0 feet
*PROVIDED, HOWEVER, in all cases in paragraph b where
a fence greater than six feet (6') is proposed, the
applicant for the fence building permit shall submit
the request for permit to the Planning and Zoning
commission for design review. (Ord. 465, 3-17-86)
10.
If an owner or applicant desires to obtain.a variance from
the provisions of this subsection 11-9-605J, "Fences", it
shall not be treated as a variance pursuant to the
provisions of Sections 11-2-419 or 11-9-612, of the Revised
and Compiled Ordinances and the procedure for such a
variance shall not be governed by the aforementioned two
(2) sections. There shall be a special procedure for
variances from this fence Ordinance which shall be as
follows: (Ord. 524, 4-3-90)
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a. 4IÞThe owner or applicant ~hal14ll1e an application for
a . fence ..ariance with the City Clerk which
application ~hall ~tate the following:
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(1)
Addres~ of ~ubject property;
(2)
Name, addre~s and phone number of applicant;
II
(3)
Name, address and phone number of owner~ of the
~ubject property;
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(4)
Proof of ownership;
(5)
Legal de~cription of subject property;
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(6)
Present u~e of subject property;
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(7)
zoning of the subject property;
(8 )
Schematic drawing of the building and proposed
fence;
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(9)
List of the mailing addres~es of all property
owner~ (from authentic tax records of Ada
County) within two hundred feet (200') of the
external boundaries of the land being
con~idered;
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Miniaum requirements of this Ordinance that
need to be reduced to permit the proposed fence;
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(ll)
An application fee established by resólution of
the Council; (Ord. 524, 4-3-90; amd. Ord. 557,
10-1-91)
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b.
Upon receipt of the fence variance application the
Zoning Administrator shall set a hearing and see that
notice i~ mailed by first clas~ mail to all owners of
property within two hundred feet (200') of the radius
of the subject property, which hearing shall be held
not sooner than fifteen (15) days after the mailing
of the required notice and not more than thirty (30)
days after mailing of the required notice. The notice
of hearing does not need to be publi~hed in the
official newspaper.
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c,
The hearing established by this subsection shall be
conducted by the fence variance committee which
committee shall be comprised of the City Engineer,
the Meridian Police Chief, one Councilmember and one
Planning and Zoning member. A quorum of said
committee shall be a minimum of three (3) members of
the committee.
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9-605
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Upon hearing the request ~ the fence variance, the
committee shall either a80ve or deny or approve
with conditions, the application for fence variance;
no written findings of fact shall be required but a
written decision shall be written to the applicant
and to any party requesting written notification of
the decision at the hearing.
e.
Appeal: Any aggrieved party may appeal the decision
of the committee directly to the City Council
pursuant to subsection 11-2-416Gl. (Ord. 524, 4-3-90)
K
LINEAL OPEN SPACE CORRIDORS
The extent and location of lands designed for linear open space
corridors should be determined largely by natural features and,
to a lesser extent, by man-made features such as utility
easements, transportation rights of way or water rights of way.
Landscaping, screening or lineal open space corridors may be
required for the protection of residential properties from
adjacent arterial streets, waterways, railroad rights of way or
other features. As improved areas (landscaped), semi-improved
areas (a landscaped pathway only), or unimproved areas (left in a
natural state), linear open space corridors serve:
1.
TO preserve openness;
2.
TO interconnect park and open space systems within rights
of way for trails, walkways, bicycle ways;
3.
To playa major role in conserving area scenic and natural
values, especially waterways, drainageways and natural
habitat;
4.
To buffer more intensive adjacent urban land uses;
5.
To enhance local identification within the area due to the
internal linkages; and
6.
To link residential
recreation facilities.
neighborhoods,
park
and
areas
Subdivision plats or development plans shall show the location of
any lineal open space corridors.
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PEDESTRIAN AND BIKE PATHWAYS
Bicycle and pedestrian pathways shall be encouraged within new
developments as part of the public right of way or as separate
easements so that an alternate transportation system (which is
distinct and separate from the automobiles) can be provided
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(F)
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9-807
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expenses caused or incurred by the permittee, its servants, agents, employees,
guests and business invitees, In addition, the permittee shall maintain and
keep in full force and effect liability insurance in which the City shall be
named as a named insured in amounts established by the Council. The limits
of insurance shall not be deemed a limitation of the permittee's covenant to
indemnify and save and hold harmless City.
(0)
Upon revocation of any permit given or granted, or in case of any
disturbance or damage to pavement, sidewalk or other surface or structure,
permittee shall, at its own expense, and in the manner required by the City,
replace and restore such in a condition acceptable to the City,
9-807:
FENCE REGULATIONS:
(A)
Electric fences are prohibited within the corporate limits of Meridian City,
(B)
Barbed wire may be permitted in commercial and industrial zones only when
used as the top section for security fences and shall be a minimum of
seventy two inches (72") above grade.
(C)
Open vision fences can be built to the property line in commercial and
industrial zones.
(0)
For the purposes of this Section, walls, lattice work and screens shall be
considered to be fences and shall be built and maintained in compliance with
the provisions hereof.
The use of boxes, sheet metal, old or decayed wood, broken masonry blocks
or other like unsightly materials for fencing is hereby prohibited.
Upon and within lots in all residential districts and limited office districts for
dwelling units:
1, Interior Lots: Solid or closed non-vision fences to a height of thirty six
inches (36"), or open-vision type fences to a height of forty eight inches
(48"), may be built from the front of the dwelling unit to and including the
front property line. Fences to a height of seventy two inches (72") may be
built from the front of the dwelling unit to and including the rear property
line.
2. Corner Lots:
(a) Any open-vision fence, wall or planting on or within the clear
vision triangle shall be limited to thirty six inches (36") in height measured
from the crown of the street.
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176
9-807
9-807
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(b) Solid or closed non-vision fences to a height of thirty six inches
(36") or open-vision type fences to a height of forty eight inches (48") may
be built along the front property line and along the side property line to the
front of the dwelling unit, except that a fence of seventy two inches 172"1
in height may be built upon street and side property lines from the front of
the dwelling to the rear property line, provided that no closed non.vision
fence which exceeds thirty six inches 136") in height may be erected in the
clear vision triangle. (Ord. 285, 11.3-75)
(G)
1, The policy for the permission to, and the conditions and restrictions
imposed by the permission to, construct and erect fences within public
right-of.way is hereby established as follows:
(a) Where a sidewalk four (4) or more feet wide exists, an applicant
may construct a fence immediately adjacent to the sidewalk on the dwelling
side, When a sidewalk does not exist, the applicant must provide a
reasonably level walkway not less than (1) five feet six inches (5'6") wide if
adjacent to a collector or arterial street, or (2) four feet six inches (4'6")
wide if adjacent to a residential street, measured from the back of the curb
or curb line,
(b) The design of the fence shall receive prior approval of the
Council and must be built in compliance with such prior approval and in
accordance with plans and specifications submitted to receive Council
approval.
(c) Fences shall not exceed four. feet (4') in height in the front
setback area or six feet (6') in height elsewhere on property to be fenced,
and shall otherwise comply with the zoning and building ordinances of City.
(d) The fence, regardless of the type or material used, shall be built
of materials meeting Building Code requirements for structural stability, fire
resistance, safety, etc.
(e) The fence and all appurtenant structures and/or footings shall be
removed at the expense of the property owner within thirty (301 days after
proper notification by the Mayor and Council to do so.
(f) The applicant shall furnish and maintain liability insurance in
which City shall be named as the named insured in the minimum amount of
twenty five thousand dollars ($25,000.00) property damage to any .one
person, fifty thousand dollars ($50,000.00) for personal injuries to anyone
person and one hundred thousand dollars ($100,000.00) for personal injuries
to persons per occurrence.
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9-807
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9-807
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(g) All work. such as grading. seeding or paving between the
proposed fence to be erected on public property and the curb or street travel
way. shall be at the expense of the property owner and in accordance with
the requirement and specification of the Ada County Highway District.
(h) If the Council, approves the application, the applicant must
obtain a building permit from the Department of Building before
commencing the construction or erection of said fence,
2. The right, privilege and permission to construct and erect a fence upon
and within public right-of-way is subject to revocation at the will of City,
with or without notice, and any expense incurred by the applicant in the
construction and erection of a fence within public right-of.way shall be done
at the applicant's own expense and risk.
'3. The applicant will, upon the approval by the Council of the right,
privilege and permission to so construct and erect a fence, execute an
agreement that he/she/it shall acquire no property or contractual right in and
to such public right-of-way, Whenever City or the Ada County Highway
District deems it necessary as a proper police measure to vacate and revoke
such fence permit, the applicant has no alternative but to comply with the
order of revocation. (Res. 60,11-3-75)
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176
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TRENT SCHWENICSELDR - 2728 s. BRANDY'S JEWEL AVE.
PROPERTY OWNERS WITHIN 200'
TAYLOR DAVID
TAYLOR LISA
2511 E INDIAN CREEK CRT
MERIDIAN ID 83642-0000
BELL JEFFREY R
BELL WENDY E
1357 E PITKIN AVE
MERIDIAN ID 83642-6901
2719 S LOFTUS WAY
PETRAIN JAMES W
2521 E INDIAN CREEK CRT
MERIDIAN ID 83642-0000
BROUILlETTE PHILLIP R
BROUILLETTE LESLYN Q
2700 S LOFTUS WAY
MERIDIANID 83642-0000
FARWEST LLC
4550 W STATE ST
BOISE ID 83703-4467
2672 S BRANDY'S JEWEL AVE
2691 S LOFTUS WAY
2750 S BRANDY'S JEWEL AVE
DOUG LASHER CONSTRUCTION INC
PO BOX 583
MERIDIAN ID 83680-0583
2737 S LOFTUS WAY
TAHOE CONSTRUCTION LLC
PO BOX 1058
MERIDIAN ID 83680-0000
2673 S LOFTUS WAY
CARSON BRYAN C
CARSON MARLA J
2725 S GIVENS WAY
MERIDIAN ID 83642-0000
GLENN JOHNSON HOMES INC
2424 S MAPLE GROVE RD
BOISE ID 83709-0000
2694 S BRANDY'S JEWEL AVE
2460 E INDIAN CREEK DR
2448 E INDIAN CREEK DR
2492 E WEIR CREEK DR
BOCK JAMES
PO BOX 815
BOISE ID 83701-0000
2467 E INDIAN. CREEK DR
THOUSAND SPRINGS SUB HOA INC
4550 W STATE ST
BOISE ID 83703-0000
S BRANDY'S JEWEL AVE
RIVER SAGE HOMES INC
5727 GROVER ST
BOISE ID 83704-0000
2738 S BRANDY'S JEWEL AVE
PAT PALMER CONSTRUCTION INC
1588 W DEADWOOD ST
EAGLE ID 83616-0000
2706 S BRANDY'S JEWEL AVE
ST AC'I CONSTRUCTION INC
1858 E SUMMERCOVE DR
MERIDIAN ID 83642-0000
2459 E INDIAN CREEK DR
PARDUE CHARLES V
PARDUE HOLLY K
2747 S GIVENS WAY
MERIDIAN ID 83642-0000
.
.
WHITE & SONS CONSTRUcrrON LLC
565 JACKSON ST
BOISE ID 83705-0000
2733 S BRANDY'S JEWEL AVE
JONES MICHAEL L
2514 E WEIR CREEK DR
MERIDIAN ID 83642-0000
2514 E WEIR CREEK DR
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Parcel #
R84419tO760
Property Code Area
03
Physical Location
Address
2467 E INDIAN CREEK DR
MERlDIAN ID 83642-0000
SUB
Group Type
Group #
Description
844191
THOUSAND SPRINGS SUB NO 05
R-4
Zoning
Township/Range/Section
3N
IE
20
DescrinlÏon
.TOl BLK20
OUSAND SPRlNGS SUB NO 05
Active
Active
200
410
0.224
.
Assessed
Value
43,000
0
43,000
0
43,000
Property Master
0410912001
~
Property Type
Real
I
Smtus
Active
Smte Parcel #
M3781O200010
Contact Information
Name
BOCK JAMES
Mailing Address
PO BOX 815
BOISE ID 83701-0000
Additional Contacts
Assessment Property Valuation
Roll Occupancy Melhod
Primary Sub Non-Occupancy MARKET
Primary Sub Non-Occupancy COST
Less Homeowners Exemption
Taxable Amount
Year I
~
Parcel #
R8441910770
Property Master
Status
Active
Property Code Area
03
Physical Location
Address
2733 S BRANDY'S JEWEL AVE
MERIDIAN ID 83642-0000
SUB
Group Type
Group #
Description
844191
THOUSAND SPRINGS SUB NO 05
Zoning
R-4
T ownshiplRa nge/Section
3N
IE
20
OescriDtion
áPT02 BLK20
~OUSAND SPRINGS SUB NO 05
State Category
Code
Active
200
.
Assessed
Value
0.198
43,000
43,000
0
43,000
04/09/2001
,
Property Type
Real
,
State Parcel #
M37810200020
Contact Information
Name
WHITE & SONS CONSTRUCTION LL
Mailing Address
565 JACKSON ST
BOISE ID 83705-0000
Additional Contacts
Assessment
Roll
Primary Sub
Less Homeowners Exemption
Taxable Amount
Property
Occupancy
Valuation
:vIethod
Non-Occupancy
MARKET
Year I
--=.:...J
Parcel #
R8441880'190
Property Code Area
03
Physical Location
Address
2511 E INDIAN CREEK CRT
MERIDIAN ID 83642-0000
SUB
Group Type
Group #
844188
THOUSAND SPRINGS SUB NO 02
Description
Zoning
R-4
Tow nsh i plRan gelSection
3N
IE
20
Description
8)T 03 BLK 10
~OUSAND SPRINGS SUB NO 2
Assessed
Value
Active
Active
200
410
0.366
38,000
162,700
200,700
(50,000)
150,700
.
Property Master
Status
Active
I
State Parcel #
M36960100030
0410912001
Property Type
Real
,
Contact Information
Name
Mailing Address
TAYLOR DAVID
2511 E INDIAN CREEK CRT
MERIDIAN ID 83642-0000
Additional Contacts
TAYLOR LISA
Assessment
Roll
Primary Sub
Primary Sub
Less Homeowners Exemption
Taxable Amount
Property
Occupancy
Non-Occupancy
Non-Occupancy
Valuation
Method
MARKET
COST
Year I
~
Parcel #
R8441880800
Property Code Area
03
Physical Location
Address
2521 E INDIAN CREEK CRT
MERIDIAN ID 83642-0000
SUB
844188
THOUSAND SPRINGS SUB NO 02
R-4
GroupType
Group #
Description
Zoning
TownshiplRange/Section
3N
IE
20
Descrintion
8TO4BLK 10
OUSAND SPRINGS SUB NO 2
State Category
Code
Assessed
Value
Active
Active
200
410
0.341
38,000
134,800
172,800
(50,000)
122,800
.
Property Master
,
Status
Active
04/0912001
,
Property Type
Real
I
State Parcel #
M36960IOO040
Contact Information
Name
PETRAIN JAMES W
Mailing Address
2521 E INDIAN CREEK CRT
MERIDIAN ID 83642-0000
Additional Contacts
Assessment
Roll
Primary Sub
Primary Sub
Property
Occopancy
Valuation
Method
Non-Occupancy
Non-Occupancy
MARKET
COST
Taxable Amount
Less Homeowners Exemption
Year I
....=!...J
Parcel #
R8441910120
Property Code Area
03
Physical Location
2738 S BRANDY'S JEWEL AVE
MERIDIAN ID 83642-0000
SUB
844191
THOUSAND SPRINGS SUB NO 05
R-4
Address
Group Type
Group #
Description
Zoning
T ownsh ipfRan ge/Section
3N
IE
20
Descriotion
8T 16BLK II
OUSAND SPRINGS SUB NO 05
State Category
Code
Active
Active
200
410
.
Assessed
Value
0.243
46,000
0
46,000
0
46,000
Property Master
04/09/2001
Status
Active
I
Property Type
Real
I
,
State Parcel #
M378101l0160
Contact Information
Name
RIVER SAGE HOMES INC
Mailing Address
5727 GROVER ST
BOISE ID 83704-0000
Additional Contacts
Assessmeut Property Valuation
Roll Occnpancy Method
Primary Suh Non-Occupancy MARKET
Primary Sub Non-Occupancy COST
Less Homeowners Exemption
Taxahle Amount
Year I
--=-..J
Parcel #
R8441910OS0
Property Code Area
03
Physical Location
Address
2706 S BRANDY'S JEWEL AVE
MERIDIAN!D 83642-0000
SUB
844191
THOUSAND SPRINGS SUB NO 05
Group Type
Group #
Deseription
Zoning
R-4
Township/RangeiSection
3N
IE
20
Descrintion
.T 16BLK 10
OUSAND SPRINGS SUB NO 05
Assessed
Value
Active
Active
200
410
0.221
48,000
0
48,000
0
48,000
.
Property Master
Status
Active
I
04/09/2001
,
Property Type
Real
I
State Parcel #
M3781O100160
Contact Information
Name
PAT PALMER CONSTRUCTION INC
\\'failing Address
1588 W DEADWOOD ST
EAGLE!D 83616-0000
Additional Contacts
Assessment
Roll
Primary Sub
Primary Sub
Less Homeowners Exemption
Taxable Amount
Property
Occupancy
Non-Occupancy
Non-Occupancy
MARKET
COST
Year I
~
Parcel #
R8441910060
Property Code Area
03
Physical Location
Address
2694 S BRANDY'S JEWEL AVE
MERIDIAN lD 83642-0000
SUB
844191
Group Type
Group #
Description
Zoning
THOUSAND SPRINGS SUB NO 05
R-4
TownsbiplRange/Section
3N
IE
20
Description
a:>T I7BLK 10
.HOUSAND SPRINGS SUB NO 05
Active
Active
200
410
0.241
.
Assessed
Value
46,000
0
46,000
0
46,000
Property Master
Status
Active
04/09/2001
,
Property Type
Real
I
State Parcel #
M3781OIOOl70
Contact Information
Name
GLENN JOHNSON HOMES INC
Mailing Address
2424 S MAPLE GROVE RD
BOISE lD 83709-0000
Additional Contacts
Primary Sub
Primary Sub
Property
Occupancy
Valuation
Method
Non-Occupancy
Non-Occupancy
MARKET
COST
Taxohle Amount
Less Homeowners Exemption
Year I
~
Parcel #
R844t900280
Property Code Area
03
Physical Location
Address
2719 S LOFTUS WAY
MERIDIAN ID 83642-0000
SUB
844190
THOUSAND SPRINGS SUB NO 04
Group Type
Group #
Description
Zoning
R-4
TownshiplRangelSection
3N
IE
20
DescriDtion
~TI4BLKIO
~OUSAND SPRINGS SUB NO 04
State Category
Code
Active
Active
200
410
.
Assessed
Value
0.229
44,000
0
44,000
0
44,000
Property Master
I
Status
Active
,
State Parcel #
M37530100140
04/09/2001
Property Type
Real
~
Contact Information
Name
Mailing Address
BELL JEFFREY R
1357 E PITKIN AVE
MERIDIAN ID 83642-6901
Additional Contacts
BELL WENDY E
Assessment
Roll
Primary Sub
Primary Sub
Property
Occupancy
Non-Occupancy
Non-Occupancy
Taxable Amount
Less Homeowners Exemption
Valuation
Method
MARKET
COST
Year I
....;:..J
Parcel #
R8441900320
Property Code Area
03
Physical Location
Address
2725 S GIVENS WAY
MERIDIAN ID 83642-0000
SUB
844190
THOUSAND SPRINGS SUB NO 04
R-4
Group Type
Group #
Description
Zoning
Towns hiplRan ge/Section
3N
IE
20
DescriDtion
.T 15 BLK 11
OUSAND SPRINGS SUB NO 04
Assessed
Value
Active
Active
200
410
0.239
39,000
177,800
216,800
(50,000)
166,800
.
Property Master
04/09/2001
I
I
Status
Active
Property Type
Real
,
State Parcel #
M37530lIO150
Contact Information
Name
CARSON BRYAN C
Mailing Address
2725 S GIVENS WAY
MERIDIAN ID 83642-0000
Additional Contacts
CARSON MARLA J
Assessment Property Valnation
Roll Occu panty Method
Primary Sub Non-Occupancy MARKET
Primary Sub Non-Occupancy COST
Less Homeowners Exemption
Taxable Amount
Year I
~
Parcel #
R844 19 t 0650
Property Code Area
03
Physical Location
Address
2460 E INDIAN CREEK DR
MERIDIAN ID 83642-0000
SUB
844191
Group Type
Group #
Description
Zoning
THOUSAND SPRINGS SUB NO 05
R-4
Township/Range/Section
3N
IE
20
Description
a>T02 BLK 19
.OUSAND SPRINGS SUB NO 05
State Category
Code
Active
Active
200
410
.
0.268
Assessed
Value
48,000
0
48,000
0
48,000
Property Master
Status
Active
04/09/2001
Property Type
Real
State Parcel #
M3781O190020
,
Contact Information
Name
Mailing Address
GLENN JOHNSON HOMES INC
2424 S MAPLE GROVE RD
BOISE ID 83709-0000
Additional Contacts
Assessment
Roll
Primary Sub
Primary Sub
Less Homeowners Exemption
Taxable Amount
Property
Occupancy
Valuation
Metbod
Non-Occupancy
Non-Occupancy
MARKET
COST
.
'1}tIð M.tf'.a..<;::8 Ctß. rgfd.,. 32N
.
THIRD SUPPLEMENTAL DECLARATION OF COVENANTS.
CONDmONS AND RESTRICTIONS OF
THOUSAND SPRINGS SUBDMSION
THIS THIRD SUPPLEMENTAL DECLARATION is made as of the 15tH day November,
1999, to the Declaration of Covenants, Conditionsand Restrictions ofThousand Springs Subdivision,
Instrument No. 99066174 oftbe Ada County Recorder's Office, by Farwest L.L.C., the "Declarant"
therein, IIId by Martin, LL.C., an Idaho limited liability company.
RECITALS
A. Martin, L.L,C, is the owner of certain real property in Ada County, State of Idaho,
more particularly descn"bed as fonows:
All of that certain real property included and described in the Plat of Thousand
Springs Village Subdivision, recorded in Book 79 at pages 8409-8410, Instrument
No. 99109950, records Ada County, Idaho.
.
The above described parcel of real property is hereinafter referred to as the "Annexed
Property."
B, The Annexed Property is contiguous to that certain real property in Ada County, State
ofldaho that was subdivided by the Declarant and made subject to the rights, privileges, restrictions,
covenants and easements provided in the referenced Declaration.
C. Pursuant to Article 11 Annexation of the referenced Declaration, Martin, L.L.C.
desires to impose upon the Annexed Property, the rights, privileges, restrictions, covenants and
easements provided for in the Declaration.
D, The Declarant consents to the annexation of the Annexed Property pursuant to the
Declaration as if the Annexed Property was owned by the Declarant.
ARTICLE 1: AN!'ŒXED PROPERTY.
.
1.1 Annexed PrOBern-o Martin, L.L.C. and the Declarant hereby imposes upon the
Annexed Property all easements, conditions, covenants, restrictions and reservations as set forth in
the Declaration and any Amendments thereto, and the same shall run with the Annexed Property aíid
be binding upon all parties now or hereafter having right, title or interest therein or to an~r
thereoí cncQ.Rt.~Ut.S
RE.CO,,"" '1hrt
R r¡¿~:r:rUí~
Third Supplemental Declaration ofCo~~_J~ Restricti~ Q '2.01
J.~1~~~\1M\O 99\ \ ']
nl:\'5?\'¡~:Q\
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.
.
.
.
.
1.2 Common Area.. The following Lots of the Annexed Property shall be additional
common area pursuant to the terms and conditions of the Declaration:
Lot 1, Block 1; Lot I, Block 2; Lots 18 and 20, Block 4; Lot 9, Block 6,
and Lot 19, Block 4 each of.Thousand S¡¡rings Village Subdivision
1.3 l.!J1. "Plat" in reference to the Annexed Property shall mean and refer to that certain
plat ofThousand Springs Subdivision No, recorded in the Ada County Recorders's Office, Instrument
No. 99109950, which plat covers and subdivides all of the Annexed Property.
IN WITNESS WHEREOF, the Declarant has set his hand and seal as of the date and year
first above written.
F ARWEST L.L.C.
r:k~LD-;;!(;fM:m~ ~.. ~
MARTIN, L.L.C.
~...
BY~-;?z.
JUS MARTIN, Member
STATE OF IDAHO, )
:SS.
County of Ada. )
On this ~y ofNovember, 1999, before me, the undersigned, a Notary Pubüc in and for
said State, personally appeared Marty Goldsmith, known and identified to me to be a Member of the
company that executed the instnunent or the person who executed the instrument on behalf of said
company, and acknowledged to me that such company executed the same.
Notary Pub .
Residing at Idaho
Commission expires: fo..'J:"Y~~{
.
.
.
.
.
STATE OF IDAHO, )
:ss.
County of Ada. )
+0"" Þltce,mCe.r
On this~dayome'~., 1999, before me, theund~ a Notary Public in and for
said State, personally appeared Justin Martin, kñown IIId identified to me to be a Membez- of the
compmy that executed the instrument or the person who executed the instnunent on behalf of said
company, and acknowledged to me that such company executed the same.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day
and year in this certiñcate first above written,
2:~~
Residing at ~ ^-' 10. ~ . Idaho
Commission expires: lð ~ .l.öð~
Third Supplemental Dec1aration of Covenants, Conditions and Restrictions - 3
.
.
.
.
.
FIRST AMENDMENT TO DECLARATION OF COVENANTS,
CONDmONS AND RESTRICTIONS OF
mouSAND SPRINGS SUBDIVISION
THIS AMENDMENT is made by the undersigned owner of Lots in Thousand Springs
Subdivision and Thousand Springs Village Subdivision, Ada County, Idaho representing more than
66-213 of the votes of the memberslùp in the Thousand Springs Subdivision Homeowners
Association, Inc. and is made as an amendment to that certain Declaration of Covenants, Conditions,
and Restrictions of Thousand Springs Subdivision recorded as Instrument No. 99066174, records of
Ada County, Idaho (hereinafter "Declaration"). RECORm; REOUES f
,~OA COmITY RECORDER
J, ~'~Y~~,tltX~~RQ FE~5,æJ DEPUT
99119206
AMENDMENTS:
Article I.
1999 DE 15 PH~: 0 I
Definitions.
A.I.I
Recital. The following additional terms shall have the following meanings:
'A.I.2 "Board" shall mean the Board of Directors for the Association.
A.I.3 "Declal'ønt"shall mean Farwest, L.L.C. mthrespect to the Lots in Thousand Springs
Subdivision and Martin, L.L.C. with respect to Lots in Thousand Springs Village
Subdivision.
Article 2.
Oarifications of Snecific Provisions.
A.2.1 Article 4.3 shall be deleted in its entirety and amended by rewriting tlùs provision as
follows:
4.3 Sidewalk Median Strin. The subdivision has been designed with sidewalks set
back fi"om the street curbs by a landscaping median approximately four feet in width.
Although the front lot lines are approximately two feet into the sidewalk, maintenance
and landscaping of the median strip in fi'ont of each owner's lot shall be the
responsibility of the lot owner. Although the Association shall not be responsible for
FIRST AMENDMENT TO THOUSAND SPRINGS SUBDMSION CC&R'S - I
.
.
.
.
.
maintaining the median strip, it shall have the authority to do so in the event a lot
owner(a) fails to do so, Should the Association elect to landacape or maintain any
portion of the median strip, or should the Declarant elect to do so, the Lot Owners
shall reimburse the Association or Declarant for the costa of such Owner's Lot, and
the Association shall have the right to levy a limited assessment against the
responsible owner for the costs of maintenance and landscape in accordance with
Article 6.1(d).
A.2.2 Article 6.1(d) shall be deleted in its entirety and amended by rewriting this provision
as follows:
6.1( d) In addition to the Regular and Special Assessments, the Association shall have
the power to levy aLimited ÅBaessmentagainst Owners and Lots for maintenance and
repair of any Lot and its landscaping or any improvement on a Lot, if such
maintenance and repair is necessary to preserve the quality of the subdivision; and/or
to correct a violation of the Declaration or any amendment thereto or the ACC Rules.
No such Limited Assessment shall be levied until (a) the Board or ACC has given
written notice to the Owner of the maintenance or violation cure required; (b) the
Owner has refused to perfonn the required maintenance or correct the violation within
a reasonable time; and (c) the Association has incurred expenses for maintenance or
correcting the violation. Thereupon, the Board shall have the power to levy a Limited
Assessment against the Owner to pay for the costs of such maintenance and repair or
correction of violation and any other costs or expenses, including attorney fees,
arising out of or incident to such maintenance and repair of the Association.
The Regular, Special, Limited and Irrigation Assessments, together with interest
thereon and costs of collection and reasonable attorney fees, shall be a charge on the
Lot and shall be a continuing lien upon the Lot against which such assessment is
made, Each such assessment, together with interest, costs of collection and reasonable
attorney fees, shall also be the personal obligation of the Owner at the time when the
assessment fell due. The right to collect and enforce payment of the assessments is
vested in the Association.
If an Owner fails to pay an assessment within thirty (30) days of its due date, the
Association shall prepare a written notice of assessment setting forth the type of
assessment, the amount of the assessment, the amount remaining unpaid, the name of
the record Owner of the Lot, and a legal description of the lot, Such notice shall be
signed by the President and Secretary of the Association, whose signatures shall be
acknowledged by a notary republic, and such notice shall be recorded in the office of
the Ada County Recorder. Thereupon, and upon the continuing failure of the Owner
to pay an assessment, the lien for assessment herein created may be foreclosed upon
as provided by law for foreclosure of a mortgage on real property and other real
FIRST AMENDMENT TO THOUSAND SPRINGS SUBDMSION CC&R'S - 2
.
.
.
..
.
property liens, Notwithstanding anything to the contrary contained in the Declaration
and any amendment tbereof; no action may be brought to foredose the lien of any
assessment until the expiration of thirty (30) days after written notice of defiwlt has
been deposited in the United States mail, addressed to the Owner of the Lot at the
street address of the Lot or the last known address of the Owner, if otherwise shown
on the books and records of the Association, Such notice shall speci1ÿ the amount
and due date of the UDpaid assessments and the legal description of the Lot.
A.2.3 Article 6.2 shall be deleted in its entirety and amended by rewriting this provision as
follows:
Ci.2 pgroose or Assessments. The assessments levied by the Association or the
Declarant sball be used exclusively for the purpose of promoting the recreation,
health, safety and welfare of the residents oftbe Subject Property and to carry out the
objectives and responsibilities of the Association, and in particular for the
improvements and maintenance of any Common Area, Conunon Facilities and all
improvements constructed thereon, the services and facilities devoted to this purpose
and related to the use and enjoyment of the Common Area and Common Facilities,
and including without being limited thereto, the payment of taxes and insurance on all
or any part of said property.
A.%.4 Article 6.4 shall be deleted in its entirety and amended by rewriting this provision as
follows:
6.4 Initial Rcsrular Alllessments. Initial Regular Assessments shall commence as to
each Lot upon the closing of the first sale of such Lot ftom the Declarant, or as to the
remaining Lots owned by Declarant, when sucb Lots are no longer offered for sale to
the general public. At each such closing, the Owner thereof shall pay the sum of
S200.00 and such portion of the greater of either an additional S2oo.oo or any
existing Regular Assessment set by the Declarant or the Association pro rated for the
remainder of the calendar year, The initial $200,00 shall be paid to the Declarant to
reimburse tbe Declarant for Association fees incurred by the Declarant prior to the
assumption by the Association of the Association's duties and obligations with the pro
rata portion of the initial Regular Assessment paid to the Association if the
Association has conducted its first annual meeting, elected a board of directors,
established a Regular Assessment, and assumed the obligations and expenses of the
Association; otherwise, to the Declarant. Until the Association has conducted its first
meeting, the Declarant shall have the full power and authority to awse all of the
rights, duties and functions of the Association. The Declarant shall have the exclusive
use of assessments for the purpose of discharging the duties and obligations of the
Association in accordance with this Declaration. The Association shall, upon its first
FIRST AMENDMENT TO THOUSAND SPRINGS SUBDMSION CC&R'S - 3
.
.
.
,
.
meeting, initiate aBSeS8lllel1ts in accordance with this Article 5, without regard to or
an accounting of the initial deposits or other assessments previously paid to the
Declarant, directly or as the Association's agent,
A.2..5 Article 7. 1 (b) shall be deleted in its entirety and amended by rewriting this provision
as follows:
7.1(h) Any lease allowing occupancy or residence in any Dwelling Unit, or use of any
portion 0 f any Lot within Subject Property. shall be subject in all respects to this
Declaration and each Owner shall provide each Tenant with a copy of this
Declaration.
A.2.6 Article 8.7(d) shall be deleted in its entirety and amended by rewriting this provision
as follows:
8. 7(d) The four foot wide landscape area between sidewalk and curb of each Lot
shall be landscaped by the Lot Owner with sod and Newport Plum trees on" caliper
or greater. There shall be one such tree for each 40 lineal feet of Lot street fÌ"ontage,
including driveway cuts. Each such tree shall have a nûnimum three-foot six-inch
diameter ring at its base without sod, planted with 18 mature marigolds and 36 mature
fuschia petunias (or such other single or two color combination as determined by the
ACe), delineated fÌ"om the sod with edging material, and covered with suitable
mulching material such as wood chips, soil aid or the like in order to maintain a weed
fÌ'ee flower bed in the tree ring, Maintenance of this landscaped strip shall be the
responsibility of the individual Lot Owners unless it is assumed by the Homeowner's
Association. At the Declarant's option, the Declarant may elect to install the
foregoing trees and flower rings on behalf of the future Lot Owners, prior to the initial
sale of the Lots. In such event, upon the closing of the first sale of such Lot fÌ"om the
Declarant, the Owner shall reimburse the Declarant the sum ofSl,l00,QQ for the costs
incurred by Declarant to provide the foregoing trees and flower rings on the areas
between the sidewalk and curb along the Lot.
Article 3.
Amendment to Roof Snecilication.
A.3.1 In section 9.2, the specification of" CellotexDirnensionai Series" shall be deleted and
replaced with Pabco Laminated Series."
FIRST AMEND:MENT TO THOUSAND SPRINGS SUBDMSION CC&R'S - 4
.
.
.
.
.
IN WITNESS WHEREOF, the following Owner has set his hand and seal as of the
date and year first above written.
FARWEST, L.L.C.
By ~ A...u....:.~ t ~"'~~A
MARTY LDSMITH, Member
STATE OF IDAHO)
) ss,
County of Ada )
tr-
On this.J.:L day of December 1999. before me, the undersigned, a Notary Public in and for
said State, personally appeared MARTY GOLDSMITH, known and identified to me to be the
Managing Member ofFarwest, L.L.C. that executed the instrument or the person who executed the
instrument on behaJfof Farwest, L.L.C., and acknowledged to me that such company executed the
same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
K( 'f»n~ ~}¡¡r1ì_Y5Yl
Notary Public or Idaho
Residing at ~M , Idaho
Commission expires: Ir7;() .,;:ct,!
FIRST AMENDMENT TO THOUSAND SPRINGS SUBDMSION CC&R'S - 5
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DECLARATION OF COVENANTS, CONDmONS AND
RESTRICTIONS OF mOUSAND SPRINGS SUBDIVISION
THIS DECLARATION is made as of the - day of June, 1999. by FARWEST,
L.L.C., hereinafter referred to as .Declarant.'
REcrr AI..S:
A, Declarant Farw8st, L.L.C. Is the owner of certain real property in Ada
County, State of Idaho, more particularly described al follows:
All of the land within the boundaries of Thousand Springs
SUbdiViS~ go. 1 according to the plat thereof. recorded
In Book of Plats at pages fJ;1.'i 8 , Records of Ada
County, State of Idaho.
The above described parcel of real property Is hereinafter referred to as the
'SubJect Property..
B. Declarant desires to impose upon Subject Property certain protective
covenants, conditions, restrictions, reservations, easements, liens and charges for the
benefit of Subject Property and all present end subsequent oWl'lers thereof, and all
conveyances of Subject property or any part thereof shall be subject to this
Declaration;
NOW, THEREFORE, Declarant hereby imposes upon Subject Property the
following easements, conditions, covenants, restrictions end reservations which shall
run with Subject Proparty and be binding upon all parties now or hereafter having any
right. title or interest therein or to any part thereof, and shall inure to the benefit of
each owner thereof.
ARTICLE 1: DEFINITIONS.
The following terms shall have the following meanings:
1.1
"ACC" shall mean the Architectural Control Committee.
1.2 "Annexed Property" shall mean and refer to any real property m~d!."
subject to this Declaration by Supplemental Declaration pursuant to the provisions
hereof for the annexation of additional parcels of real property. "'5T Of
. R~CORDED-REQU~
DECLARATION OF COVENANTS. ADA COUNTY RECORDER /./J Cf) 9- /lb(5l7lS
CONDITIONS AND RESTRICTIONS. 1 J. DAVID NAVARRO fEE~DEPUTY .
n"I~[. mAMa
I999JL-1 PM ~:26 99066114
TRANSNATION mt.E & ESCfIOW
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1.3 "AssocMtlon" shall mean and refer to Thousand Springs Subdivision
Homeowners' Association, Inc., 8 nonprofit corporation organizøc under the laws of
the State of Idaho, Its successors and assigns.
1.4 "Building" includes any Dwelling Unit, house, garage, or any other
partially or fully enclosed building, shed or other structùre, consisting of one or more
walls or roof. A building includes barns, sheds, animal enclosures which have a
partial or full roof Impervious to water In whole or In part, and similar structures.
1.5 "Common Area" shall mean and refer to Lot 1. Block 3; Lot 3, Block 4;
Lot 12, Block 4; Lot 16, Block 4; Lot 33, Block 4; Lot 1, Block 1; Lot 7, Block 1; Lot
1, Block 2; Lot 1, Block 5; and Lot 2, Block 7 of Thousand Springs Subdivision No, 1,
and to any lot or parcel designated as Common Area in the final plat of the
subdivision or In a Supplemental Declaration subjecting additional real property to this
Declaration. Lot 12, Block 4, is a Common Area Lot that shall be used primarily for
retention pondldralnage basins, which Lot together with any other Lots so designated
in a Supplemental Declaration shall be referred to as "Drainage Lots,"
1.6 "Common Facilities" shall mean and refer to those physical
improvements constructed by Declarant upon Common Area or upon the utility
easement over each Lot including, without limitation, benches, bridges, walkways and
pedestrian paths, drainage facilities, streams, waterfalls. and waterways and
specifically including the wrought iron fence that borders the Ridenbaugh Canal.
Common facilities shall not include the pressurlzad irrigation system unless and until
it is conveyed to the Association; it being the specific intent of the Declarant that the
pressurized irrigation system shall be Installed by the Declarant allld shall be conveyed
to the Nampa and Meridian Irrigation District, together with an easement over each
Lot and Common Area for the installation, operation and maintenance of the system
by the District.
1,7
"Declaration" shall mean this Declaration.
1.8 "Dwelling Unit" shall mean that portion or part of any structure intended
to be occupied as a single-family residence, together with the vehicular parking
garage next to such dwelling unit and all projections therefrom.
1.9 "First Mortgage" shall mean any Mortgage possessing or holding a lien
on a Lot or any part thereof prior to any other Mortgage.
1.10 "First Mortgagee" means Mortgagee who holds a First Mortgage,
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS. 2
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1.11 "Lat(s}- shall mean and refer to the plots or tracts of land comprising the
Property. designated by lot numbers on the plat, or any resubdivislon thereby except
the Common Area.
1 .12 "Mortgage" shall mean any mortgage. de8cl of trust, land sale contract
or other security instrument by which a Lot is encumbered.
1.13 -Mortgagee- shall mean any person or the successor to any person
named as the mortgagee. beneficiary, seller or creditor under a Mortgage.
1.14 -Nonconforming Building" includes any building legally existing andlor
used as of the date of this Declaration which does not conform with the building
restrictions set forth in Article 6 of this Declaration.
1.15 "Owner" shall mean and refer to the record owner of fee simple title to
any Lot. excluding those record owners having title merely for security for the
performance of an obligation.
1.16 -Plat- shall mean and refer to those certain plats of Thousand Springs
Subdivision to be recorded in the Ada County Recorder's office. which plats cover
and subdivide all of the Property.
1. 17 "Property- shall mean the property defined as Subject Property in the
recitals above. and shall further mean and refer to such additional real property as
may hereafter be made subject to this Declaration by Supplemental Declaration
pursuant to the provisions hereof for annexation of additional parcels of real property.
ARTICLE 2: HOMEOWNERS ASSOCIATION
2.1 Formation. It is contemplated that simultaneously with the execution
and recordation of this Declaration, the Association win be incorporated and will
adopt By-Laws for its governance. To the extent the Articles of Incorporation or By-
Laws of the Association conflict with the provisions of this Declaration, the provisions
of this Declaration shall control.
2.2 Membershio., Each Owner shall be a member of the Association.
Membership shall be appurtenant to and may not be separated from ownership of any
Lot. Ownership shall be the sole qualification for membership and shall automatically
commence when a person becomes such Owner and shall automatically terminate
when such ownership is conveyed or transferred. There shall be only one
membership for each Lot. If there are multiple Owners of a Lot. the Owners shall, by
written instrument filed with the Association. designate the individual entitled to
exercise the privileges of Membership.
DECLARATION OF COVENANTS.
CONDITIONS AND RESTRICTIONS - 3
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2.3 Classes of VotinQ Members. The Assoc:Ilatlon shall have two classes of
voting membership; however, all vot.. shell be equal and counted a. such, except
where voting by separate cla..es may otherwise be provided In the Artlclu and By-
Laws of the Association or this Decl8r8tion.
(a) Class A member. shall be Owners with the exception of the
Declarant (during the period when the Declarant II a Clau B member). After the
Clasl B membership converts to ClalS A membershlpa, aech CIIII.. A member shall
be entitled to one vote for each Lot oWMd. If the,. al'8 multiple Owners of a Lot, the
Owners shall designate the Individual .ntltled to exercise the voting privileges of
membership and in no event shall more than one vote be cast with respect to any
Lot.
(b) The sole Class B member shall be the Declarant, or the Declarant's
successor or assignor. Class B membership shall cease and be converted
automatically to Class A membership (one Class A membership fer each Lot owned)
when the Declarant owns ten percent (10%) or less of aU of the Lots which are part
of the Subject Property and any additional property annexed or to be annexed under
Article 4. Until that time, all Association matters, including the right to amend this
Declaration, shall be governed by the Class B member.
ARTICLE 3: RIGHTS RESERVED BY DECLARANT
3.1 Notwithstanding anything to the contrary contained in this Declaration,
Declarant expressly reserves unto:
(a) Itself, Its successors and representatives, contractors and their
subcontractors easements and rights-of-WIIY on, over and across all or any part of the
streets for vehicular and pedestrian ingress and egress to and from any part of the
Property, or any adjacent real property owned by Declarant, or its successors or
assigns:
(b) Itself, its successors and representatives, contractors and their
subcontractors (including åny district, company, unit of local government, Association
or other entity providing water, sewer, gas, oil, electricity, telephone, cable television,
or other similar services), easements, Iccess and rights-of-way on, over, under and
across all or part of the Common Area and utility easements on, over and under all
Lots and Common Area as provided on any recorded subdivision plat of the Property
for installation, use, maintenance and repair of aU lines, wires, pipes, pumps, water
wells, facilities, and other things necessary for all such services, provided that any
installation, maintenance or repair of such lines, wires or pipes shall be performed
with reasonable care and that the surface of said easement area shall be restored to
the level and condition that existed prior to the doing of work; and
DECLARATION OF COVENANTS.
CONDITIONS AND RESTRICTIONS - 4
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Ic) Itself, its agents and successors, all water and water rights over,
upon or under or appurtenant to the Property, or any portion thereof, and a
nonexclusive easement ten (101 feet wide. Inside the boundery of each Lot and the
Common Area adjacent to the right-of-way for construction of a pressurized pipe
irrigation system will be conveyed to and operated by the ASiocletion or the Nampa-
Meridian Irrigation District. Groundwater appropriated for the domestic water system
will be owned by the City of Meridian.
ARTICLE 4: MAINTENANCE.
4.1 ResDOnsibilities. Among Ita other responsibilities, the Association shall
maintain aU Common Areas and thos8 Common Facilities dedicated to it and all
landscaping. fencing, surfaces, bridges. and otMr Improvements thereon and
easements therefore, Such Common Area and Common Facllitle8 ahall be maintained
in a neat, landscaped and attractive manner. Common Area and Common Facilities
shall alao include any real or personal property" as may be conveyed to the
Association from time to time by Declarant, or designated by Declarant as Common
Area in any Supplemental Declaration.
4.2 Private Prooertv. The Association shall also be responsible for the
maintenance of any perimeter fencing of the property including the back Lot wrought
iron fencing of those Lots that are contiguous to the Ridènbaugh Canal or other
established Irrigation and/or drainage ditches: and the bank o'f Rldenbaugh Canal
outside of the fence. The Association shall be responsible for landscaping Lot 2,
Block 4, which lot is intended to be developed by the City of Mefldlan as a city water
well, and Lot 1, Block 4 until such time as the City of Meridian hes developed said Lot
1 as a fire station.
4.3 Sidewalk Median Stria. The subdivision has been designed with
sidewalks set back from the street curbs by a landscaping median approximately four
feet In width. Although the front lot lines are approximately two feet Into the
sidewalk, maintenance and landscaping of the median strip In front of each owner's
lot shall be the responsibility of the lot owner. Although the Association shall not be
responsible for maintaining the median strip, It shall have the authority to do so in the
event a lot owner!sl fails to do so. Should the Association have the right to maintain
or landscape any portion of the median strip, or should the Declarant elect to do so,
the Lot Owners shall reimburse the Association or Declarant for the costs of such
maintenance or landscaping for the portion of the median strip in front of the Lot
Owner's Lot. and the Association shall have the right to levy a limited assessment
against the responsible owner for the costs of maintenance and landscape in
accordance with Article 6.1 (dl.
DECLARATION OF COVENANTS.
CONDITIONS AND RESTRICTIONS, 5
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4.4 Manaoement. The Association may employ the services of a manager
and other personnel to carry out the management of the Association's maintenance
responsibilities.
4.5 HeaVY Maintenance of Drainaoe Lots. Heavy maintenance consists of
periodically inspecting the Drainage Lots to Insure they are functioning properly;
cleaning out the piping and mucking out the Drainage Lots When the sedlmant level
exceeds the designated storage level. All other maintenance of the drainage Lots
shall be referred to herein as "light maintenance." Ada County Highway District
(ACHe) has opted to perform this heavy maintenance and shall be allowed, by the
Homeowners Association, to perform this maintenance work. In the event ACHD
shall decide not to do such "heavy maintenance" then the Association shall do it.
4.6 Easement to ACHD for HeaVY Maintenance, Each drainage lot shall have
an access road along one side of it to support a HS-20 truck loading. Such access
road shaH be accessible from the adjacent subdivision Itreet, extend along an entire
side of such drainage lot and be at least twelve (12) feet wide. ACHD is hereby
granted an easement along one side of each drainage lot for the purpose of access
to perform this heavy maintenance. An easement is granted across each entire
drainage lot as needed for maintenance of the retentIon ponds by ACHD. and no
landscaping or other obstruc1ion shall be placed on the Drainage lots In a manner that
would interfera with the heavy maintenance. In the event that it is necessary to
replace any improvements to the Drainage Lots such as fences, trees and/or sod, the
removal of which has been necessary to perform maintenance, such replacement shall
be the responsibility of the Homeowners Association.
4.7 Lioht Maintenance of Drainaoe Lots,. The Association shall perform all
"light maintenance" of the Drainage Lots pursuant to that certain Manual for Light
Maintenance, the original of which shall be kept on file with the Homeowners
Association with copies made available to any interested party upon request. Said
Manual for Light Maintenance is incorporated herein by this .reference.
ARTICLE 5: PROPERTY RIGHTS
5.1 Owners' Riohts of Enjovment. Every Owner shall have a right in and to
the Common Areas and Common Facilities, subject to such reasonable rules and
regulation covering the use and access to such areas and facilities as may be adopted
by the Association,
5.2 Dedication. The Association shall have the right to dedicate or transfer
all or any part of the Common Area or Common Facilities to any public agency,
authority, or utility for such purposes and subject to such conditions as may be
DECLARATION OF COVENANTS.
CONDITIONS AND RESTRICTIONS. 6
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agreed to by the members of the AAociation. No such dedication or transfer shall
be effective unless an instrument sgr_ing to such dedication or transfer has been
approved by two-thirds of the members of the Aaaoclation.
5.3 Imorovements. The Association shall have the right, in accordance with
Its Articles and Bylaws, to borrow money for the purpose of meintaining and
improving the Common. Area and Common Facilities and in support thereof to
mortgage said property, provided the rights of such mortgagee shall at all times be
subordinate to the rights of the Owners under this declaration.
ARTICLE 6: ASSESSMENTS
6.1
Creation of Lien and Personal ObllQatlon of Ausssments,
Each Owner, by acceptance of the deed therefore (whether or not it shall be
so expressed In such deed) is deemed to covenant and agree to pay:
(a) To the Association or Declarant, regular annual or other regular
periodic assessments or charges ("Regular Assessments");
(b) To the Association. Special Assessments for capital improvements,
such Special Assessments to be fixed, established and collected from time to time as
hereinafter provided;
(c) To the Association and/or the Nampa Meridian Irrigation District,
Irrigation Assessments. It is corrtemplated that the Nempa and Meridian Irrigation
District shall provide pressurized irrigation water services to all lots. In eddition to
any assessments made by the Nampa and Meridian Irrigation District for irrigation
water, Owners shall be required to pay an additional assessment to the Association,
or in the event the pressurized irrigation system Is conveyed to Nampa and Meridian
Irrigation District, then to the District, an additional assessment under Idaho Code
§43-330(1) for the operation. maintenance and repair of the pressurized Irrigation
water system. Each Owner is prohibited from making any cross-connection or tie-in
between the irrigation water system and the domestic water system. WATER FROM
THE IRRIGATION WATER SYSTEM IS NOT DRINKABLE; EACH OWNER SHALL BE
RESPONSIBLE TO INSURE THAT IRRIGATION W A TEA WITHIN THE BOUNDARIES OF
THE OWNER'S LOT IS NOT CONSUMED BY ANY PERSON OR USED FOR CULINARY
PURPOSES; and
(d) In addition to the Regular and Special Assessments, the
Association shall have the power to levy a Limited Assessment against Owners and
Lots for maintenance and repair of any Lot or any Improvement on a Lot. if such
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 7
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maintenance and repair is necessary to preserve the quality of the Subdivision; and/or
to correct a violetlon of the Declaration or any amendment therlito or the ACC Rules.
No such limited Alaassmant shall be levied untO (a) the Board or ACC has given
written notice to the Owner of the maintenance or violation Ctlre required; (b) the
Owner has refused to perform the required maintenance or correct the violation within
a reasonable time; and Ie) the Association has Incurred 8Xpense'I for maintenance or
correcting the violation. Thereupon. the Board shell have the power to levy a Limited
ASiesament against the Owner to pay for the coats of such m81ntenance and repair
or correction of violation and any other costs or expenses, Including attorney fees,
arising out of or incident to such maintenance and repair of the Association.
6.2 Collection and Enforcemant. The Regular, Special, Limited and Irrigation
As&essments, together with intere8t thereon and costa of collection and reasonable
attorney fees, shall be a charge on the Lot and shall be a continuing lien upon the Lot
against which such assessment is made. E8Ch such assessment, together with
interest, costs of collection and reasonable attorney fees, shall also be the personal
obligation of the Owner at the time when the assassment fell due. The right to
collect and enforce payment of the assessments is vested in the Association.
If an Owner fails to pay an assessment within thirty 1301 days of its due date,
the Association shall prepare a written notice of assessment setting forth the typa of
assessment. the amount of the assessment, the amount remaining unpaid. the name
of the record Owner of the Lot. and a legal description of the lot. Such noti~e shall
be signed by the President and Secretary of the Association, whose signatures shall
be acknowledged by a notary republic. and sum notice shall be recorded in the office
of the Ada County Recorder. Thereupon, and upon the continuing failure of the
Owner to pay an assessment. the lien for assessment herein created may be
foreclosed upon as provided by law for foreclosure of a mortgage on real property
and other real property liens. NotWithstanding anything to the contrary contained in
the Declaration and any amendment thereof. no action may be brought to foreclose
the lien of any assessment until the expiration of thirty (30) days after written notice
of default has been deposited in the United States mail. addressed to the Owner of
the Lot at the street address of the Lot or the last known address of the Owner, If
otherwisa shown on the books and records of the Association. Such notice shall
specify the amount and due date of the unpaid assessments and'the legal description
of the Lot.
6.3 PUrDose of Assessments. The assessments levied by the Association or
the Declarant shall be used exclusively for the purpose of promoting the recreation.
health. safety and welfare of the residents of Property and to carry out the objectives
and responsibilities of the Association, and for the improvemel!ltS and maintenance
of any Common Area. Common Facilities and all improvements constructed thereon.
the services and facilities devoted to this purpose and related to the use and
enjoyment of the Common Area and Common Facilities. and including without being
limited thereto, the payment of taxes and insurance on all or any part of the Property.
OECLARATION OF COVENANTS.
CONDITIONS AND RESTRICTIONS - 8
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6.4 A..A..ment Limitation.. Until January 10f the year immediately
following the conveyance of the first dwelling Lot to any Owner, the maximum
Regular Aaaeaament shall not exceed .240.00 for each Lot subject thereto.
Thereafter, the maximum ReguJar Aaaeaament per lot may be Increuecl each year not
more than five percent 15%1 above the maximum as.ament for the previous year
without I vote of the membership. In order to Incr.... the au_ment by more than
5"" for any given year, there must be I vote of two-thlrds of the members Ifflrmlng
any such incree.. at a meeting duly called for this purpose. The Board of Directors
of the Association mey fix the Regular A...slmltnt lit any amount equal to or less
than the maximum.
6.5 Initial Reoular Ass8S.IIments. Initial Regular Aaaessments shall
commence as to each Lot upon the clOling of the first sale of such Lot from the
Declarant, or as to the remaining Lots owned by Declarant, when such Lots are no
longer offered for sale to the general public. At each such closing, the Owner thereof
shall pay the sum of $200.00 and such portion of the greater of either an additional
$200.00 or any existing Regular Aasaaament sat by the Declarai1t or the Association
pro rated for the remainder of the calendar year. The initial $200.00 shall be paid to
the Declarant to reimburse the Declarant for Association fEÌes incurred by the
Declarant prior to the assumption by the Association of the Association's duties and
obligations with the pro rata portion of the Initial Regular Assassment paid to the
Association if the Association has conducted ita first annuallT18êing, elected a board
of directors, established a Regular Assessment, and assumed the obligations and
expenses of the Association; otherwise, to the Declarant. UntiJithe Association has
conducted its first meeting, the Declarant ahal have the fun power and authority to
exercise all of the rights, duties and functions of the Associ81:lon. The Declarant shall
have the exclusive use of assessments for the plJrpose of discharging the duties and
obligations of the Association in accordance with this Declaration. The Association
shall, upon its first meeting, initiate assessments in accordance with this Article 5,
without regard to or an accounting of the initial deposits or other assessments
previously paid to the Declarant.
6.6 Assessment Due Date, The due date for Regular Assessment shall be
May 1, unless some other due datels) is established by the board. Each assessment
shall be delinquent if not paid within fifteen days after the due date set forth in any
nÐtice of assessment,
6.7 Interest and Penalties. Any Regular, Special, Limited or Irrigation
Assessments levied on Lots if not paid when due, shall bear interest at an annual rate
as shall be set by the board from time to time, or if none is so set, at an annual rata
of 12% Such interest shall commence on the date the assessment becomes due and
payable. In addition to the interest charged, the board may, in accordance with Rules
and Regulations promulgated by it. impose additional fines or charges for the failure
of an Owner to timely pay any assessment when due. The right of the board to
charge interest or impose additional fines or charges shall be in addition to, and not
DECLARATION OF COVENANTS.
CONDITIONS AND RESTRICTIONS. 9
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in lieu of, any other right of enforcement or sanction available to the board in the
event of non payment of an asaeument.
6.8 Billino for Annual Asseument. The Regular Assessment may be billed
on a monthly basis, 1/12th per month, or on a quarterly basis, 1/4th per quarter, In
advance. ~
6.9 Soecial Assessmants. In addition to the Regular Assessments, the
Association may levy in any assessment year. a Special Asseument applicable to that
year only, for the purposa of defraying, in whole or in !*t, the cost of any
construction or reconstruction. unexpected repair or replacement of 8 described
capital improvement upon the Common Are. and Common Facilities Including the
necessary fixtures and personal property related thereto. provided the assant of 8
two-thirds majority of the votes represented by those members who are voting in
person or by proxy at the meeting duly called for this purposa Is obtained.
6.10 Notice and Quorum for SDØCial Assessment. Written notice of any
meeting called for the purpose of making a Special assesament shall be sent to all
Association members not less than twenty (20) days In advance of such meeting.
Such notice shall specifically indicate that a Special asaeslmem is to be considered
at such meeting. A quorum of not less than a one-third majority of the members
entitled to vote shall be required at such meeting whether in person or by proxy.
6.11 Uniform Rate of Assessment. Special Assessments must be fixed in an
equal amount for each Lot. All Special Assessments shall equally apply to all Lots,
and no special rate or reduction in assessment rate shall be allowed because any Lot
is unimproved or does not have a Dwelling Unit thereon.
6.12 Effective Nonoavment of Assessments: Remedies of the Association.
Any assessment not paid within thirty (30) days after the due date shall bear interest
from the due date at the rate of twelve percent (12%) per annum. The Association
may bring an action against the Owner personally obligated to pay the same, or
foreclose the lien against the Lot or Lots of the Owner.
6.13 Subordination to the Lien of Mortoaoe. The lien of assessments provided
for herein shall be subordinate to the lien of any First Mortgage, Sale or transfer of
any Lot shall not affect the assessment lien, but the sale or transfer of any Lot
pursuant to a Mortgage foreclosure. if the Mortgage is held by any person other than
a prior Owner of the Lot, shall extinguish the lien of such assassments as to
payments which have become due prior to such sale or transfer.
DEClARATION OF COVENANTS.
CONDITIONS AND RESTRICTIONS - 10
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6,14 Enforcement of Common Ar8a Maintenance. Notwithstanding that the
Association Is obligated to maintain the Common Areu and Common FacIlItie8
contained therein H defined herein and within the Articles of Incorporation of the
Asaoclation, it Is hereby provided that Meridian City 8nd/or the Ada County Highway
District I-ACHe-) and/or the Nampa Meridian Irrigation District (NMlD) may elect to
maintain any part or facility of the Common AI'88I defined herein should the
Association or the Declarant fail to maintain the 18m8. In the event that Meridian City
and/or ACHC detarmlnea, in Its sole dlscratlon, thet the Association Is not adequately
maintaining the defined Common Areas or Common Facilities, Metldlan City, ACHD
and/or NMID shell, before undertaking maintenance of IBid Common Araas, provide
written notice of ita and/or their Intention to begin mainteM0C8 of the defined
Common Ar... or Common FeeiHti88 within a thirty (301 day period, within which
time frame the Aaaociation may undert8k8 to initiate 8I'Id concbIe aU maintenance
defects as identified by Meridian CIty, ACHD and/or NMID. 111 the event that the
Association shall fell to commence Ind conclude maintenance of the defined Common
Areas or Common Facilities. Meridian City, ACHD and/or NMO arl hereby granted
an Irrevocable IlcenlB and easement to Inter upon any portion of the Common Ar88s
to perform inspection and maintenance. Should Meridian City, ACHD and/or NMID
engage in maintenance of the defined Common Areas or Common Facilities after
having provided notice to the Association and having provided notice to the
Association and having provided the Aaaoclation an opportunity to undertake said
maintenance, the Meridian City, ACHD and/or NMiD shall be entitled to and
empowered to fila a ratable lien against all Lots within Thousand Springs Subdivision
with power of sale as to each and every Lot to secure paylinent of any and all
aaaessments levied against any and all Lots in Thousand Springs Subdivision pursuant
to thia Declaration, together with inter.st at the ratl which eecru~s on judgments and
all costs of coll8ctlon which may be paid or inCU':red by Meridian City, ACHD and/or
NMID in connection therewith. Merldiln City, ACHD and/or NMID may exercise their
rights under Idaho Code by assessing the Lot Owners and certifying those
assessments in the same manner as real property tax. This section shall not be
amended without prior written approval from Meridian City, ACHe and/or NMID. The
Association shall not be dissolved or relieved of its responslbhity to maintain the
defined Common Areas and Common Flcllitles contained therein without the prior
written approval from Meridian City, ACHD and/or NMID. The Association and all
Lots Owners, by accepting title to a Lot, agree that all Lot Owners within Thousand
Springs Subdivision are be~fltted property Owners for purpos.. of this section.
ARTICLE 7: PROPERTY USE RESTRICTIONS
7.1 The following restrictions shall be applicable to Subject Property and
shall be for the benefit of and limitation upon all present and future Owners of Lots,
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS. 11
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or any interest therein, and the Association, which is hereby empowered, in addition
to each Owner, to enforce the same:
(al Each Lot shall be used only for single family residential purposes,
subject to the provisions as to Common Areas and Common Facilities and facilities
used in common including schools.
(b)
No Lot may be further subdivided.
(c) No animals, livestock, birds, insect or poultry of any kind shall be
raised, bred, or kept on any Lot, except that no more than two (2) domesticated dogs
and/or cats or other small household pets which do not unreasonably bother or
constitute a nuisance to others may be kept, provided that they are not kept, bred or
maintained for any commercial purpose. Dogs and other similar pets shall be on a
leash when not confined to an Owner's Lot.
(d) All garbage, refuse and animal waste shall be properly and
promptly cleaned and stored and appropriately removed from each Lot so as to
prevent unsightliness, or unnecessary or unreasonable odors.
(e) No equipment, motor homes, trailers, boats, camper, recreational
vehicles, and other mobile equipment, trailers, implements, and vehicles (excluding
automobiles) of all kinds or nature shall be parked or stored on any Lot. unless such
items are fully screened or enclosed from view, or unless the ACC has otherwise
approved the iocation and/or screening of said Iterns. No commercial vehicle, trucks
with a capacity in excess of one (1 ton, shall be perked or stored upon any Lot or
street, whether public or private, within the subdivision. No inoperable vehicles shall
be parked or stored in any public or private street, and all such vehicles shall be
parked or concealed in the rear of the Lot, behind the rear line of any Dwelling Unit.
(f) No truck, truck camper, tent, garage, barn, shack or other
outbuilding or vehicle shall at any time be used as a residence or living place on any
part of subject property. '
(g) No noxious, offensive or unsightly conditions shall be permitted
upon any part of any Lot, nor shall anything be done thereon which may be or
become an annoyance or a' nuisanca to the neighborhood.
(hI Any lease allowing occupancy or residence in any Dwelling Unit,
or use of any portion of any Lot within Subject Property. shall be subject in all
respects to this Declaration.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS. 12
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7.2 The Owners have been made eware that the subject property has been
developed In an agricultural community and that thete win continue to be agricultural
uses of some of the surrounding proøertIø. The agricultural uses of the surrounding
properties, Including the use of agricultural machInery. burning and chemical weed
control and fertilization. and the rllising of livestock. although restricted from the
subject property are not necessarily t8ItI'lcted fromneighboril1g properties. This
provision specifically puts the Owners on notice of such potential conditions.
ARTICLE 8. BUILDING RESTRlCT1ONS
8.1 Mobile Homes. No mobile home. prefabricated home, trailer. modular
home, or other pre-built or premanufactured home shall be allowed on any Lot.
8.2 Set Backs. The front lot line for each lot Is located approximately two
feet into the side walk, and although the current Meridian City zoning ordinance for
this current subdivision permits a twenty foot front yard set back, it is a specific
requirement of the City of Meridian and a specific building restriction herein that all
dwelling units be set back twenty feet from the back (lot side) of the sidewalk. This
set back is depicted on the front yard set back schematic attached as an exhibit to
this document.
8.3 Dwellino Unit Size. No Dwelling Unit shall be constructed or placed on
any Lot containing a total floor area on all floors intended and suitable for use as
living area, not including a garage, of less than 1,400 square feet measured from the
outside of the exterior walls. or with a ground floor area of less than 950 square feet.
In computing floor area. basement space or any floor with a finished elevation more
than three feet below the natural contour of the surrounding area shall not be
included. No Building shall exceed two and one-half stories or 28 feet In .helght
unless approved by the ACC. In granting or withholding such approval, the ACC shall
consider the adverse effect of height on other properties within the subdivision and
such other facts as may be reasonable. Each dwelling unit shall have an attached or
detached fully enclosed garage adequate for a minimum of tWo (2) standard size
automobiles. No carports shall be allowed.
8.4 Construction of Buildlnos. All construction work on Dwelling units shall
be diligently and continuously pursued, and shalt be completed within nine (9) months
from the date construction 'started.
8.5 Outbuildinos. Outbuildings, separate garages. sheds and shelters may
be constructed only simultaneously with or aftar a Dwelling Unit has been
constructed on the Owner's Lot. All such buildings shall be constructed only after
written approval thereof by the ACC. All outbuildings shall be constructed of similar
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS. 13
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or compatible exterior materials with the Dwelling Unit so as to be aesthetically
compatible therewith.
8.6 ~. All Lots shall have an enclo8ed cedar-fenced or wrought Iron
fenced backyard. however. no fence or wall of any kind shall be constructed on a Lot
unlesa the plana and specifications therefOre, Including the location, desIgn, material
and color thereof. have been approved in writing by the ACC pnor to the conatruction
or installation. All fences and/or walla constructed on a Lot shall be In compliance
with the applicable ordinance of the City of Meridi8n, Idaho,
All fences and walls shall be subject to the following restrictions:
(a) No fence or wall shall be permitted to be constructed or Installed
on any portion of a berm constructed by the Declarant in Thousand Springs
Subdivision.
(b) Fences and walls shall not extend closer to any sidewalk than
twenty feet (20') nor project beyond the front s81back of the principal building on the
Lot. No fence higher than six feet 16') shall be allowed without the prior written
approval of the City of Meridian (if required) and the ACC.
(c) All fences and walls shall be constructed and installed and
maintained in good appearance and condition at the expense of the Owner of the Lot
on which they are located and all damaged fencing and walls shall be repaired or
replaced to original design, materials and color within a reasonable time after said
damage occurs.
(d) No fence or wall shall interfere with the use and enjoyment of any
easement reserved in this Declaration of Covenants, Conditions and Restrictions or
shown on the recorded subdivision plat of the property.
(e) No fence. wall. hedge. high planting. obstruction or barrier shall
be allowed which would' unreasonably interfere with the use and enjoyment of
neighboring Lots and streets. and shall not be allowed If the same constitute an
undesirable. noxious or nuisance effect upon neighboring Lots.
(f) All fences constructed or to be constructed on common Lot lines
shall be constructed and maintained at the equal expense of the Owners of the two
Lots on which they are located; provided. however. any Owner who constructs a
fence on the common lot line without procuring the consent and agreement of the
neighboring Lot Owner shall not be entitled to reimbursement for any portion of the
cost of construction.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 14
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8.7 LandscaDina. The following provisions shall govern the landscaping of
Lots within Thousand Springs Subdivision:
la) The Owner shall preJ)8re a landscape plen and shall submit the
same to the ACC. The ACC shall approve said landscape plan prior to the installation
and/or construction of landscaping on a Lot, Landscaping of a Lot shall be in
accordance with the approved plan.
(b) The initial landscaping shan include, u a minimum, sod in the front
and side yards, sod or grass seeded In the rear yards, two (2) coniferous trees of at
least 8' in height, five (5) ten gallon plants, fifteen (151 five gallOn plants and fifteen
(151 two gallon shrubs in the front yard. The use of berms and sculptured planting
areas are not encouraged.
(c) All required landscaping on a Lot shall be installed within thirty
(301 days after substantial completion of the Buiiding on the Lot, with a reasonable
extension allowed for weather.
(dl The four foot wide landscape area between sidewalk and curb of
each Lot shall be landscaped by the Lot Owner with sod and flowering Plum trees
of 3" caliper or greater. There shall be one such tree for each 40 tineal feet of Lot
street frontage, including driveway cuts. Each such tree shall have a minimum three-
foot six.lnch diameter ring at its base without sod, planted with 18 mature marigolds
and 36 mature fuschia petunias (or such other single or two color combination as
determined by the ACC), delineated from the sod with edging material, and covered
with suitable mulching material such as wood chips, soil aid or the like in order to
maintain a weed free flower bed in the tree ring. Maintenance of the portion of this
landscaped strip adjacent to each Lot shall be the responsibility of the individual Lot
Owners unless it is assumed by the Homeowner's Association. At the Declarant's
option. the Declarant may elect to Iruítsll the foregoing landscaøing on behalf of the
future Lot Owners. prior to the initial 1818 of the Lota. In sUch event, upon the
closing of the first sale of such Lot from the Declerant. the Owner shall relrnbur.. the
Declarant the sum of '1. '100.00 for the coats incurred by Declarsnt to provide the
foregoing landscaping on the areas between the sidewalk end curb along the Lot.
ARTICLE 9: ARCHITECTURAL CONTROL
9.1 f!an¡, No Dwelling Unit, building, fence, wall or other structure or
substantial landscaping or screening planting shall be undertaken, erected or
maintained upon any Lot. nor shall any exterior addition to or 1:hange or alteration
therein be made until plans and specifications showing the nature, kind, shape,
DECLARATION OF COVENANTS.
CONDITIONS AND RESTRICTIONS - 15
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height. materials and location of the same shall have been submitted to and approved
In writing by the ACC.
9.2 Exterior Materials and Colors. All exterior materials and colors shall be
selected and used which are epproved by the ACC end which are compatible with
other Buildings on the Lot and on neighboring Lots to the end that all such Buildings
will present a unified and coordinated appearenca. All exterior finishes and/or colors
shall be earthtone, Including subtle blue and gray tones. u approved in writing by the
ACC. Each house shall include some brick. stone stucco or other distinctive design
features on the front exposure. No grevel roofs shall be permitted. Roofs shall be
a minimum of 5/12 pitch with either cedar shakN or Celotex 25 year (or better)
dimensional asphalt shingles. weathered wood. charcoal black or driftwood color, or
such other dimensional asphalt shingles as is determined by ACC.
9.3 Yab&lu. The use of all vehicles. including but not limited to
automobiles. trucks. bicycles and motorcycles shall be subject to ACC rules. which
may prohibit or limit the use thereof within Thousand Springs Subdivision. provide
parking regulations and other rules regulating the same.
9.4 Exterior Enemv Devices. All energy production devices including. but
not limited to, generators of any kind and solar energy devices, shall not be
constructed or maintained on any Lot without the prior written approval of the ACC.
except for heat pumps or similar appliances shown on the plans approved by the
ACC.
9.5 Mailboxes. No free-standing mailboxes shall be constructed or Installed
on any Lot without the prior written approval of the plans approved by the ACC.
9.6 ~. No commercial billboard or advertising shall be displayed to the
public view on or from any Lot. Owners may advertise a dwelling unit and Lot for
rent or for sale by displaying a single. neat. reasonable sized vacancy sign or "For
Sale- sign thereon. Signs advertising the name of the builder and the name of the
Institution providing finanCIng therefore may be displayed on a Lot during construction
of the Improvements. Lighted, moving or flashing signs or displays for any purposes
are prohibited. Directional road signs may be used to give directions to traffic or
pedestrians or to give special Instructions. Any directional or identification sign in
Thousand Springs Subdivision shall be permitted. provided the same is approved by
the ACe prior to installation.
9.7 Adootion of ACC Rules/ACC Standards. The Declarant or the Board
shall have the power to promulgate. from time to time, ACe Rules/ACC Standards
relating to the planning, construction. alteration, modification, removal or destruction
DECLARATION OF COVENANTS,
CONDITIONS AND RESTilICTIONS . 16
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of Improvements within the Property deemed necessary or dealrlble by the Declll'8nt,
or the ACC, conllatent with the provl.1ons of thla Declaration.
9.8 Certific8tion bv Secretlrv. Thel8Cretary of the Aaaoci8tion shall, upon
written request, certify that improvements upon any Lot comply with this Decl8ration
and have been duly Ipproved by the ACC, or In the event said building or other
improvement. do not so comply, specifying the extent of noncomplience.
9.9 Internretation and Enforcement. The ACC shall have the authority to
interpret end enforce any or III restrictions end covenants of this Declarltlon as they
pertain to the Lots' improvements. The ACC shall h8ve the authority to pUl'lue
whatever action or litigation required to caun any Owner to remove and replace .ny
element that ACC Interprets as deficient or outside of the standards established by
this Section 9 of this Declaration of CoveNnts, Conditions and Restrictions. This
right of enforcement can include the ACC hiring any or all of such work to be done
and encumbering the Lot on which said work takes place wl1h a lien for the full
amount of the cost of said work plus any other costs ACC may incur in such
enforcement.
ARTICLE 10:
ARCHITECTURAL CONTROL COMMITTEE.
10.1 Members of the Comminee. The Architectural Control Committee shall
be comprised of at least three (3) persons, all of whom shall be apøalnted a. herein
provided. A member of the ACC shall hold office until he has reaigned or has been
removed, but in any event, until said member's successor has been appointed.
Members of the ACC may be removed at any time, with or without cause.
10.2 Aooointment. So long as the Declarant owns any Lot or parcel within
the Property, the Declarant shall have the sole right to app(lint and remove all
members of the ACC. Thereafter, all members of the ACC shall be appointed or
removed by the Board.
The ACC shall have' the right by a resolution in writing unanimously adopted,
to designate one (1) of its members to take any action or perform any duties for and
on behalf of the ACC. In the absence of such designetion, the vote of any two (2)
members of the ACC shall constitute an act of the ACC.
10.3 Aooroval Reouired. No construction, alteration, modification, removal
or destruction of any Improvements of any nature whetsoever, whether real or
personal in nature, shall be initiated or be permitted to continue or exist within
Thousand Springs Subdivision without the prior express written approval of the ACC.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS - 17
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10.4 Variances. The ACC may authorize variances from compliance with
requireml1'lts of any conditions and restrictions contlilneclln this Declaration, the ACC
RuIe8/ACC Standards, or any prior aøørovaI when, in thelOle discretion of the ACC,
circumatances such as topography. naturlilobstructlons. ...the.1ca or environmental
considerations or hardship may 10 require. Such v.lance must be evidenced In
writing signed by at least two (2) members of the ACC.
If a variance ia granted as provided herein, no violation of thia Declaration, ACC
Rulesl ACC Standards or prior approval sha" be deemed to have occurred with respect
to the matter for which the variance W81 granted. The granting of such a variance
shall not operate to waive any of the terms and provIsions of thk Declaration or the
ACC Rules/ACC Standards for any purpose except as to the particular subject matter
of the variance thereof and the specific Lot coyered thereby.
The ACC shall haye the right to consider and grant a variance as herein
provided either with or without notice to other Owners or a hearing thereon.
The granting of a variance by the ACC pursuant to this Section shall not relieve
the Owner from the obligation to fully comply with applicable ordinances of the City
of Meridian, Idaho.
10.5 ADolication. To request ACC approval for the construction, alteration.
modification. removal or demolition of any improvements within the property, the
Owner shall submit a written application in a form required by the ACC which must
be signed by the Owner and contain all Information requested and be accompanied
by all other material to be submitted as hereafter provided.
All applications must contain. or have submitted therewith. the following
material (collectively called .Plans and Specifications") prepared in accordance with
acceptable architectural standards and submitted with the eppllcation form, if any.
approved by the ACC:
(a) Site Ptån. A site plan showing the location of the Building!s) and
all other structures and Improvements Including fences and walls on the Lot. Lot
drainage and all set backs. curb cuts, driveways, parking . areas and other pertinent
Information relating to the improvements.
(b) Buildino Plan. A building plan which shall consist of preliminary
or final blueprints. elevation drawings of the north. south, east and west sides, and
detailed exterior specifications which shall include, by I8mple if required by the ACC,
all exterior colors. materials and finishes. including roof shingles. proposed to be
used.
DECLARATION OF COVENANTS.
CONDITIONS AND RESTRICTIONS - 1 B
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Ie) Landsc8ae Plan. A landscape plan for portions of the Lot to be
landscaped which shall show the 1oc8tIon, type and size of t/'HS. plants. ground
cover, shrubs, berrning and mounding, grading, dr8ln8ge, sprinkler system. fences,
freestanding exterior lights, driveways, parking areu and walkways.
The ACC may, in its discretion, require the Owner to furnish additional
materiels and the materials submitted therewith and In reaching a decision thereon,
the ACC shall use its best efforts and judgment to "'l.II'e thet allimproyements shall
produce and contribute to an orderly and 888th8tIc:aIIv comølementary design and
appearance and be of the quality required to maintaIn Thousand Springs Subdivision
as a quality residential development.
The ACC shall promptly review and approve or diaapprove in writing all
submitted plans, and if plans have not been disapproved within thirty (301 days after
they have been submitted In writing to the presIdent of the Association or any
member of the ACC. such plans shall be deemed approved.
ARTICLE 11:
ANNEXATION
11.1 Procedure. Additional land contiguous to the subject property may be
annexed by Declarant without the consent of the Owners within twenty (201 years
of the date of this instrument. Upon the earlier of recordation of a final plat of such
additional land, or the certifICation by the Declarant describing eddltionallend thet the
Declerant intends to plat, such additional property sheH, for the purposes of this
Agreement. be deemed Annexed Property. Amendment of the Declaration to Include
such Annøxed Property. and to subject such Annexed Property to the rights.
privileges, restrictions. covenants and aUBmenu herein provided shall be made by
the execution and recordation by Declarant of a Supplemental Declaration, which shall
describe the additional property being annexed. and any supplemental or different
covenants. conditions and restrictions applicable thereto. and any deletions or
modifications to these covenants. conditions and restrlctiona 81 the Declerant may
deem appropriate. and shall describe the Common Area and Common Facilities
thereof. Upon the recordation ofthe Supplemental Declaration. the Annexed Property
described therein, shall be subject to the term and provisions of this Declaration es
though included originally in this Declaration. and the ciafinitiona of Property. Common
Area and Common Facilities shall automatically be amended to conform to such
supplement or supplements, as shall all the other definitions herein, including the
definitions of Lot and Owner. All Owners of Lots located within the expanded Project
shall be subject to all easements, restrictions and reservations set forth in this
Declaration and shall have the privileges of use of Common Araa and Common
Facilities, except as otherwise provided herein and subject to the restrictions and
DEClARATION OF COVENANTS.
CONDITIONS AND RESTRICTIONS - 19
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reaerv.8tions set forth in the Declaration a. amended and supplemented from time to
time.
11.2 Desianation of Common Areas. Any Common Area and Common
Facilities designated by Declarant as such on the plat of the newlY annexed additional
property or in the Supplement Declanrtion or conveyed to the Association by
Declarant shall be .ubject to the sam. .asements and other rights for the use and
enjoyment of the Owners as for the other Owners of Loti subject to this Decleratlon.
ARTICLE 12:
WATER SYSTEMS
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12.1 Domestic Water. Each Lot shall have acc... to a domestic water system
to be owned and operated by the City of Meridian. The domestJc water system will
provide water for culinary and other ordinary domestic houaehOid use and Is not to
be used to water a lawn, pastUre, iandsca )8CI area or other similar areas except for
Lots which do not have access to the irrigation system and for all Lots during those
times of year when water is not being supplied by the irrigation System. Water from
the domestic water system for irrigation purpose. wiD be subject to rules of the City
of Meridian and, in any event, is subject to availability. Wat.. from the domestic
water system shall not be used for any swimming pool or to supply any exterior
decorative pond, or any other similar use or system without the prior written approval
of each such use by the City of Meridian. The Allociatlon may elect to racelve water
for irrigation of the Common Area from the City of Meridian when water is not being
supplied by the irrigation system, which UI8 shall be paid by the Association from Its
assessments. Any Owner's use of water from the domestic water system shall
constitute an agreement to pay the charges therefore by the City of Meridian.
12.2 Irrioation System. All Lots to which delivery of irrigation water is feasible
in the Declarant's discration, including the Common Areas, shall haye access to a
pressurized irrigation water system ("irrigation system") to be constructed by
DeClarant and owned and operated by the AssocIation or 1II1e Nampa-Merldlan
Irrigation District for the benefit of the Declarant. the Association, and Lot Owners.
Owners of Lots to which the system has been extended shall be required to pay the
assessment therefore regardless of actual use or nonuse of water from the irrigation
system. Use of the irrigation system shall be subject to such rules and regulations
of the Association or the Nampa-Meridlan Irrigation District and the right to receive
water therefrom is. in any event, subject to availability for Lots and for the Common
Area. Water from the irrigation system I. not drinkable; each Lot Owner shan be
responsible to ensure that Irrigation water within the boundarIes of his Lot Is not
consumed by any penon or used for culinary purpose..
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DECLARATION OF COVENANTS.
CONDITIONS AND RESTRICTIONS. 20
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ARTICLE 13:
GENERAL PROVISION.
13.1 Enforcement. The Auoclatlon, the Declarant, any Owner. or any First
mortgagee shall have the right to enforce, by proceecllnQs of law or in equity. the
terms and provisions of this Declaration. Failure by the Auocla1l0n or any Owner to
enforce any covenant or restriction contained herein shaH In no event be deemed a
waiver of the right to do so thereafter.
13.2 Severabilitv. Invalidation of anyone of theae covenants or restrictions
shall in no way affect other provisions which shall rllTl8ln In full force or effect.
13.3 IIIm. This Declaration shaH run with the land and shall Inure to the
benefit of the Association, the Owner of any Lot. and any First Mortgagee as
provided herein. and their respective legel representatives, heirs, successors,
grantees. and assigns. for a term of forty (40) years from the date of this Declaration.
13.4 Amendments. Except as otherwise provided herein. any of the
covenants and restrictions of this Declaration, except the easements herein granted
for utilities and water distribution facilities. may be amended by an instrument signed
by members entitled to cast not less than sixty-six and two-thirds (66-2/3) of the
votes of the membership. Any amendment must be recorded.
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13.5 Convevanca of Common Area. The Common Area and Common
Facilities in each phase of development of the Project may be conveyed to the
Aasoclation by Declarant, free and clear of all encumbrances. prior to the first
mortgage in that phase being insured by HUD. Until conveyed, Declarant shall be
solely responsible for the maintenance and management of Common Area and
Common Facilities. and for all costs and expenses associated therewith .not covered
by the assessments provided for herein.
13.6 FHAIVA AoDroval. As long as there is a Class B membership, the
following actions may require the prior approval of the Federal Housing Administration
or the Veterans Administr~tion; annexation of additional real proøerty to the Project,
mergers and consolidations, mortgaging or dedication of Common Area. dissolution
of amendment of the Articles of Incorporation or Bylaws o.f the Association. and
amendment of this Declaration.
13.7 Contracts or Aoreements. The Board of Directors may enter into such
contracts or agreements on behalf of the Association as are required in order to
satisfy the guidelines of the VA. FHA, the FHLMC. the FNMA or the GNMA or any
similar entity. so as to allow for the purchase, guaranty or insurance. as the case may
be, by such entities of first mortgages encumbering building Lots in the Project with
dwelling structures thereon.
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DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS. 21
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1.3 - A!SSlH:Mtlon- shall mean .nd refer to Thousand Springs Subdivision
Homeowners' AuoclatJon, Inc., a nonprofit corporation organized under the la- of
the State of Idaho, Its succ8l8Ors and ...Igns.
1.4 -Building- includes any Dwelling Unit, house, garage, or any other
partially or fully enclosed building, shed or other structure, consisting of one or more
wells or roof. A building Includes barns, sheds, animal enclosures which have a
partial or full roof impervious to water In whole or in part, and similar structures.
1.5 -Common Are." shall mean and refer to Lot 1, Block 3; Lot 1. Block 4;
Lot 2, Block 4; Lot 3. Block 4; Lot 12, Block 4; Lot 16, Block 4; Lot 33. Block 4; Lot
1, Block 1; Lot 7, Block 1; Lot 1, Block 2; Lot 1, Block 5; and Lot 2, Block 7 of
Thousand Springs Subdivision No.1, and to any lot or parcel designated as Common
Area In the final plat of the subdivision or In a Supplemental Declaration subjecting
additional real property to this Declaration. Lot 12, Block 4, is a Common Area Lot
that shall be used primarily for retention pond/drainage basins. which Lot together
with any other Lots so designated in a Supplemental D8Claratiofl shall be referred to
as -Drainage Lots."
1.6 -Common Facilities" shall mean and refer to those physical
improvements constructed by Declarant upon Common. Area or upon the utility
easement over each Lot including, without limitation, benches, bridges. walkways and
pedestrian paths, drainage facilities, streams, waterfalls and waterways and
specifically including the wrought iron fence that borders the Ridenbaugh Canal.
Common facilities shall not include the pressurized irrigation sySitem unless and until
it is conveyed to the Association; it being the specific intent of tl'\e Declarant that the
pressurized irrigation system shall be installed by the Declarant 8f!Id shall be conveyed
to the Nampa and Meridian Irrigation District, together with. an easement over each
Lot and Common Area for the Installation, operation and maintenance of the system
by the District.
1.7
"Dec/aration" shall mean this Declaration.
1.8 -Dwelling Unit- shall mean that portion or part of any structure intended
to ba occupied as a single-family residence. together with. the vehicular parking
garage next to such dwelling unit and all projections therefrom.
1.9 -Flrst Mortgage" shall mean any Mortgage possessing or holding a lien
on a Lot or any part thereof prior to any other Mortgage.
1.10 "Flrst Mortgagee- means Mortgagee who holds a First Mortgage.
DEClARATION OF COVENANTS.
CONDITIONS AND RESTRICTIONS - 2
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IN WITNESS WHEREOF, the Declarant hu let his hand .and 88al as of the date
end year first above written.
FARWEST. L.L.C.
By .",,;;r- ~
MARTY 'GOLDSMITH. Member
STATE OF IDAHO)
) sa.
County of Ada)
On this Z1~ay of June. 1999. before me, the undersigned. a Notary Public
In and for said State. personally appeered Marty Goldlmith. known and Identified to
me to be a Member of the limited liability company that executed the instrument or
the parson who executed the instrument on behalf af I8Id limited liability company.
and acknowledged to me that such company executed the Hlme.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official
seal the Gay and year in this certificate first above written,
-'.". ""~,
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~ :s OF \'9 ,~~
.............",
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Notary Public for Idaho
Residing at f'lLvv..¿u....1(,Þ... . Idaho
Commission expires: 1/-/0 -'71
DEClARATION OF COVENANTS.
CONDITIONS AND RESTRICTIONS. 22