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O'Neil, Joseph & Kyle ROBERT D. CORRIE Mayor ~TY OF MERIDIIN COUNCIL MEMBERS CHARLES M. ROUNTREE GLENN R. BENTLEY RON ANDERSON KEITH BIRD PUBLIC WORKS / BUILDING DEPARTMENT GARY D. SMITH, P.E. Public Works Director May 5, 1999 Joseph and Kyle' O'Neil 2056 W. Tumble Creek Dr. Meridian, Idaho 83642 RE: FENCE VARIANCE REQUEST - 2056 W. Tumble Creek Dr. Dear Mr. & Mrs. O'Neil: The Fence Variance Committee of the City of Meridian met at 4:45 P.M., May 5, 1999, in City Hall to consider your request for a fence setback variance. After due consideration, the Committee decided to allow a variance request for you to construct a six (6) foot tall wooden fence in your side street setback area subject to the following: I. The face of the fence shall be set a minimum of 10 feet from the yard-side edge of sidewalk along N. Glermfield 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. 4. The City of Meridian has no jurisdiction in the enforcement of the provisions of your subdivision's Protective Covenants. We recommend that you obtain approval from your homeowner's association for this fence location, 5. We recommend that you contact Dig-Une at 342-1585 for location of underground utilities prior to excavation for your fence posts. 6. Please obtain a building permit for this fence from the City of Meridian Building Department prior to beginrring construction. Please call for an inspection after this length of fence construction is completed. Thank you for complying with the City ordinance in requesting this variance. Sincerely, ;£; ~ Gary D. ~, PE Chairman, Fence Committee Cc: File, Bldg.Inspector, City Clerk 200 East Carlton, Suite 100 . Meridian, Idaho 83642 Phone (208) 887-2211 . Fax (208) 887-1297 1f:~l'1\¿l.i/\itl' .' -. .0 /Zj)5t.¡r\'\J.í~..mbLí,Cr~., Ù(IIK..-- /\,lc([cLt.é<..t1. ID. ~3.12.. . e.:C>.ù.~" ~/'("'1 E\£V 101.6 . ," '"," AA C" ....rt r-----~ --- '>L- ~II I ~ ~ ! ' /2 ~: I / ~ --} I / i I 1/ ~~ i I ~ ~ ; j j II V /"0,...'0 ~j ~ . ~ L~ ' Y ~;"c;;:j II k i~lrq . ~ I~ ~ / _. ~;¡, ;; / ¡~I ~ / ,j I / !~; Ii ¿j'. " 1 'I :;---.., ~-',.I ',> '-v' r ~m ':'-.. ~~ I ',---" /' I I ~, ~í¡í¡;;;;.~~ /', ~/ ='/1, ':: E 'r I.¡ 4t'ìiz.',--.~, ' fie : E.. C'REGi<-i5R:lVE:-"~'---:-:"';7;¥'ï~ 'é !1£V 101..10 I, e>'J !1£V ¡O1.SO El£V 100.70 SL IN *'" T~ COI-FIR& REPORT *'" AS OF MAY øs4I æ'32 PAGE. Ø1 CITY OF MERIDIAN Ø3 DATE TIME TO/FROM ØS/ØS æ: 31 4Ø658676S1 MODE MIN/SEC PGS G3--5 ØØ'S7" ØØ2 CMD~ STATUS ØSS OK ------------------------------------------------------------------------------- Mayo< ROBERT D. CORRIE HUB OF TREASURE VALLEY A Good PI..,. [0 Live LECAL DEPHTMENT (,OS>SS"'2... eo,",dl M.m"'m CITY OF MERIDIAN CHARLES RDUNTREE OLENN BEN!1.EY RON ANDERSON IŒTTIi BIRD 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433' Fax (208) 887-4813 PUBUC WORK' 'UlLDrNO DEPARTMENT (20S¡8S7.2211 PLANNINC AND ZONINO DEPARTMENT (~S¡SS'.SSJ) FAX NUMBER: TO: crOe.....- FACSIMILE COVER SHEET +rxo 5ß1o 1lP'5i DATE:~ ()'I\.k¡/ TITLE/DEPARTMENT: CONFIDENTIAL: YES- NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): .;;>... FROM: CITY OF MERIDIAN FAA NUMBER: (208)888-4218 NAME: ~r'j{\Yt~ TITLE/DEPARTMENT: ~ l~ r l-w-/c.j ~. COMMENTS: ~ (lA-ll W'l~ CW\J \jJJ~S ~. ~~' PLEASE CAll US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. Council Members . HUB OF TREASURE VALLEY. A Good Place to Live CITY OF MERIDIAN LEGAL DEPARTMENT (,08) 884-4,64 Mayor ROBERT D- CORRIE CHARLES ROUNTREE GLENN BENTI.EY RON ANDERSON KEITH BIRD 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 0 Fax (208) 8874813 PUBLIC WORKS BUILDING DEPARTMENT (,08) 887-2,1l PLANNING AND ZONING DEPARTMENT (208) 884-5533 FAX NUMBER: TO: CJ"'öÛ FACSIMILE COVER SHEET +rxo 5gu, ~{P'51 DATE:.s1sl1i- /~I~I TITLE/DEPARTMENT: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): ,;;t.. FROM: CITY OF MERIDIAN FAX NUMBER: (208) 888-4218 NAME:~~ ' ' . . TITLE/DEPARTMENT:' ~l~ ~ l.e.v--1Ls ~- COMMENTS: ~ ~ ~J \j'uà~S ~ ( ß--l t W.l~ VlOvVL.-. PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. . Dennis Doan 2132 W. Tumble Creek Dr. Meridian ill 83642 288-1237 Committee Members: Malcom MacCoy Gary Smith Chief Gordon Kieth Bird . May 4, 1999 RECEIVED MAY 0 4 1999 City of Meridian ':t'J Clerk Office Thank you for the opportunity to address the committee on the issue of the variance for a fence at 2056 W. Tumble Creek Drive. I apologize for not attending in person, I will be out of town during the May 5th meeting. I am writing in opposition to the variance to reduce the setback for a fence from 20 feet to 10 feet. Currently all residents in the Tumble Creek subdivision, with one exception, 2001 Pebblestone, have complied with the Meridian Fence Ordinance. It is my opinion that a fence only ten feet away from the sidewalk is not very aesthetically appealing. I would hate to see this trend continue around my neighborhood. My family and I enjoy taking walks, as do many of our neighbors. I understand that denying this variance will cut down the size of the residents' back yard, however, that is the choice they made when buying a home on a corner lot. I also feel that without the required setback of 20 feet it will be difficult to see around the corner at this busy intersection. Tumble Creek is a very young neighborhood with many children. In my opinion granting the variance would make this uncontrolled intersection very dangerous. I encourage you not to grant the variance for this request or any others in this subdivision in the future. Thank y~u~ ~. 1?:;:7 - . . NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to 11-9-605 J. 10. Of the Revised and Compiled Ordinances ofthe City of Meridian, that the Fence Variance Committee of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 4:45 P.M. on May 5, 1999, for the purpose of reviewing and considering the application of Joseph & Kyle O'Neil for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot #4, Block #11 of Tumble Creek Subdivision and known by the address 2056 W. Tumble Creek Drive, Meridian, Idaho. The Applicant proposes to reduce the required setback from 20 feet to 10 feet. The public is welcome. Testimony, objections, and comments will be heard and considered by the Committee. A written decision of the Committee will be issued to the Applicant and any person requesting in writing a copy of the decision will be furnished one. Any aggrieved party may appeal the decision of the Committee directly to the Meridian City Council pursuant to Section 11-2-416 G. 1. Dated this 14th day of April, 1999. dWb-~~~ WILLlAMG. BERG,JR., LERK Re: 3~he:f¡diAjMiA\ ;JD'510 W' l um\Q\L~ M~5 @4:~S~~ I , ') . Jot £ ¡4,¡ Ii 0 J\Jt,¡ . wsu-'vJ . í umblt-Cy u , ( I If{.... '.~lCttéL41, ,¡Do fí3tøL/L, . .. . e.:"'l..-<.<i )/'/'14 = !1£V 101.6 , "'; ~.~.~~ _h_" -'-rr r----- . >.: "I ,II 1 ~ I I ' ,'-' --~ I h~ '1 I ~ !I / ~q. II I J~ II i / \ ¡ j:,1 ~ ~.~~ / '-" "(. . CJ ; . F , ~h7J / k 1;16 / ~ !,~,'f' ~ .. --)1' s: / 171 :;, / i I / Ii / II ...' -- - ) -;" I 3SU~ED ,.~.. --..... I ""---../' ,/. I lEV ~.oo "-.... ' "...... ;' '/ . NOl ~~¿BJ.~~'-....I"'--~, ." . 7';~'2~' ~ ..,. "'ì """, , AND . /.j A¿ ßl.,""""""""'--::---.". , , , 'r ,,~: ANn ,E.. C'REÈû"--""rrTr-Ir--"-=$--"--:-:"";7;¥'ï~ I) ~ U 1\ , V ¡;. I, ~?'J El£V 101.SO SLC . !1£V 101.JO IN El£V 100.70 . . CITY OF MERIDIAN FENCE COMMITTEE MEETING MAY 5,1999 AGENDA FENCE COMMITTEE MEMBERS: Mr. Gary Smith, P.E., City Engineer, Chairman Mr. Keith Bird, City Council Member Mr. Bill Gordon, Chief of Police Mr. Malcolm MacCoy, Planning and Zoning Chairman ITEMS FOR REVIEW 4:30 IGOR BABICHENKQ-REDUCE 20' SETBACK TO 5'. 4:45 JOSEPH & KYLE O'NEIL-REDUCE 20' SETBACK TO 10'. . . CITY OF MERIDIAN 33 E. IDAHO MERIDIAN, ID 83642 FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) APPLICÞm NAME: Joseph.. K, ~ K~I¿ G. O)J.e.,ì I PH¿-'~5~' 82'7-r¡'7~O ADDRESS: 205/P -W. 1úmb\tl%~~ì \/6 I Mu,"dÚ¡ n I It>. g 3IPL/l f /\JIll , ex-iNERS NAME & ADDRESS: (If different than above) PRCOF OF ex-iNERSHIP: (COpy OF@pR OPTION MUST BE ATrACHED) LEGAL DESCRIPTION OF PROPERTY: I.ar#--1-BLK #- II SUBDIVISION IL Su I V S t On PRESENT USE & ZONING OF PROPERTY ](', n1Ll1 Y ~G' J - ZD vle.. (( - Y-. SCHEMATIC DRAWING: ATrAŒ DRAWING SF.GVING BUILDINGS, STREETS & PROPOSED FENCE: " ING PROPERTY OWNERS: LIST OF THE, MAILING ADDRESSES OF ALL PROPERTY (FROM AUI'HENTIC TAX RECORDS OF ADA COUNTY) WITHIN 'IW) HUNDRED (200) ,OF THE EXTEBNAL EOUNDRIES OF THE LI\ND BEING CONSIDERED: DESCRIPTION OF REQUIREMENTS OF THE ORD.INAN.-CE THAT NEED ;co BE REDUCED ¡o PERMIT THE PROPOSED FENCE: SkIt> K.nu. sd bar' ~ Vl1rLCU1Ct'> ~-h-om ßldewaJJ. I ATI'ACH APPLICATION FEE OF $ 5 0 oQ ATI'ACH STATEMENT THAT FENCE IS ALI.CWED UNDER THE RESTRICrIVE COVENANTS OF THE SUBDIVISION OR A COPY OF THE RESTRICrIVE COVENANTS PERrAINING 'ID FENCES: APPLICÞmS SIGNATURE: 0"" e 1:. rJ'l.....--, / 'l.....-- ~ :=~u COMMITI'EE HEARING DATE J~5 @.¡ '1-: 'i6 " I i; II .- ilmili~i II ,:; :I¡~I'II!I!I.U l~jI'~ I: ~ !; 11111& :. : ~! ~;I í 1& " I¡ I! Ib Ii il li;li! ~ I i! 1IIIIi I I; I å III I! - II :: !- c z ~ I ~ ~ '~ij;llii 'iil,~~IU'~ ,I Ml ! J I l~nl~1 I!I~ 'I!! rill ~il.lli I III is" 1'¡I:li :1 Ii ~I II1I .1 II IÏ'II~I "II I ~ 1'1 G I JI .1 " I~IIU 'I ~. I~ " ~E: ~i )1 *1111; ¡b I; I =! II J!I i! I' II I . ~ I .'-"","" 1- ":, - . . N (:7 IJì ¡ ä ~ ~ ¡ . r " ¡ aa . "1 .! .. .:!: c',"'c.; . .. ¡ ..' -- ., . A Pio"",Comp"', PIONEER TITLE COMPANY OF AOA COUNTY B151 W, RiOem", Ave I Boise, Idaho B3704 I (20B) 377-2700 READ AND APPROVED BY: 1<.0, WARRANTY DEED (CORPORATE FORM) HOLTON HOMES, INC, ,acorpo"noo organizc~ an~ cxistillg IIII~er the laws 01 the Slate of I~;¡ho, with its priocipal office '" 16299 FRANKLIN ROAD NAMPA, ID 836B7 olColI"'yof CANYON , Slate of Idaho, granlor.herebyCONVEYSorGRANTSandWARRANTSTO JOSEPH K, O'NEIL AND KYLE C, O'NEIL. HUS8AND AND WIFE 012056 W, TUM8LE CREEK DRIVE. MERIDIAN, ID B3642 TEN DOLLARS AND NO/IOO granlce for the Slllll 01 the followiog described t"CI(S) of land ill ADA Co"nty, Slate 01 I~,ho' LOT 4 BLOCK 11 IN TUMBLE CREEK SUBDIVISION ACCORDINC TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 75 OF PLATS AT PAGES 7712 AND 7713. RECORDS OF 'ADA COUNTY. IDAHO, DOLLARS, Localionohbovedescribedproperty ?n% W Tl1M",P OR". ORTVP House No, Street The officers who sign Ihis deed hereby certify Ihal Ibis deed and Ihe Iranslerrepreseoted thereby was duly aolhorized lIeder a resol",ion doly adopted by Ihe bo,,-d of db-eotors of the granlor " a lawful meetillg d"ly held and auended by a q"orum, In witness whereof, the granlorhxs ,"used its corporate name and se,lto be here"nlo affixed hy its duly a",hmized officers Ihis 26 day of March , A,D, 1999 (CORPORATE NAME) PRESIDENT AUes\: SECRETARY STATE OF IDAÍiQ" '_:c_':: . County of ADA ,ss, t ,', J ", On this --1.Ld~Y1>P'J'¡'¡'ì:ch' , in the year of~, hefore me THE UNDERSICNED ¡ ¡: ?, ,anolarypublic,per. ---",ho execuled the Instrument on behalf of soid corporation, and acknowledged 'f esame, ...."".".., ~"Id"." "oj"" ID C".... e..~ .om,,"] Nolary P"blic: (\'0...1'('\.0) Ô\' ~C'\""~ Residing at, d IDAHO My Commission Expire" 6-22-2001 , eN' I. 1 W. au. ... ........- .......L-I '--' .L "..L.....I -'-I .J. \.. . t 1EHD fOfLOT NOAAY UNE OR RIGHT OF WAY UNE ASEIIENT OR AS StiOWN IER I.INE INITIAl. POINT MONUMENT PIN WI PLASnC CAP .24" PIN SET WITH TIC CAP .3rt PIN SET WITH ,nc CAP ) CORNER NIJUBER :K NUMBER . PIN WI CAP WmNESS CORNER NOT sa . . ~ . A Pioneer Company . PIONEER TITLE COMPANY OF ADA COUNTY 8151 W. Rifleman Ave I Boise, Idaho 83704 I (208) 377-2700 READ AND APPROVED BY: {{.o, WARRANTY DEED (CORPORATE FORM) HOLTON HOMES, INC. , a corporation organized and existing under the laws of the State of Idaho, with its principal office at 16299 FRANKLIN ROAD NAMPA, 10 83687 of County of CANYON ,State of Idaho, grantor,herebyCONVEYSorGRANTSandWARRANTSTO JOSEPH K. O'NEIL AND KYLE G. O'NEIL, HUSBAND AND WIFE of 2056 W. TUMBLE CREEK DRIVE, MERIDIAN, ID 83642 TEN DOLLARS AND NO/I00 grantee for the sum of DOLLARS. the following described tract(s) of land in ADA County, State of Idaho: LOT 4 BLOCK 11 IN TUMBLE CREEK SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 75 OF PLATS AT PAGES 7712 AND 7713, RECORDS OF ADA COUNTY, IDAHO. ,--_.._--,_._.._~----,._~-----_.. OM'" ~'MD'P ~n~~v MT"~ \ ,on _. . -- 2- 06lP W./u rVJb/~ tr'u/4;£d&~~rÓN . 97081679 ~ ,~D.!>:.~. c:':CORDEr¡~. t!.ð. j. ût.'::~; :.t;YAf'.RO aOiSE iO >:¡ 7 oc::r Q.. COVENANTS CONDITIONS AND RE&]1I!ijg.tOftS Pf'l 1 59 FOR FEE ._7c2.~ J:;' ~ RECC",¿,. ,,': ',,= ¡c,UUEST OF TUMBLE CREEK SUBDIVISION OF THIS DECLARATION is made effective on the 2nd day of October, 1997, by STUBBLEFIELD CONSTRUCTION CO., a Califomia corporation hereinafter referred to as "Declarant" . WHEREAS, Declarant is the owner of certain real property in the County of Ada, State of Idaho, hereinafter referred to as the "Property," more particularly described as follows: TUMBLE CREEK Subdivision, Phase 1, a portion of Government Lots 1 and 2, of Section 2, T.3N., R.1 WO, Boise Meridian, City of Meridian, Ada County, Idaho according to the official plat thereof recorded as Instrument No.97081513, records of Ada County. NOW, THEREFORE, Grantor hereby declares that the Property and each Lot, parcel or portion thereof, is and/or shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following terms, covenants, conditions, reservations, easements and restrictions, all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the Property, and to enhance the value, desirability and attractiveness of the Property. The terms, covenants, conditions, reservations, easements and restrictions set forth herein shall run with the land constituting the Property and with each estate therein and shall be binding upon all persons having or acquiring any right, title or interest in the Property or any Lot, parcel or portion thereof; shall inure to the benefit of every Lot, parcel or portion of the Property and interest therein, and shall inure to the benefit of and be binding upon Grantor, its successors in interest and each Grantee or Owner and his respective successors in interest, and may be enforced by Grantor, by any Owner or his successors in interest Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improvements thereon, nor Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities on any portion of the Property, nor Grantor's right to post signs incidental to construction, sales or leasing. Such sales or leasing office shall,at first, be placed upon Lot 15, Block 11, in Phase 1 of Tumble Creek Subdivision, or on such other lot deemed appropriate by Grantor. TUMBLE CREEK SUBDIVISION - 1 f . . ARTICLE I DEFINITIONS 1,1 "Articles" shall mean the Articles of Incorporation of the Association. 1,2 "Assessments" shall mean those payments required of Owners and Association Members including Regular, Special and Limited Assessments of the Association as further defined in this declaration. 1,3 "Association" shall mean and refer to TUMBLE CREEK Homeowners' Association, Inc., an Idaho non-profit corporation, its successors and assigns. 1.4 "Association Rules" shall mean those rules and regulations promulgated by the Association governing conduct upon the use of the Property under the jurisdiction or control ofthe Association, the imposition offines and forfeitures for violation of Association Rules and Regulations, and procedural matters for use in the conduct of business of the Association. 1.5 "Beneficiary" shall mean a mortgagee under a mortgage or beneficiary under a deed of trust, as the case may be, and/or the assignees of such mortgagee, beneficiary or holder, which mortgage or deed of trust encumbers parcels of real property on the Property, 1.6 "Board" shall mean the Board of Directors or other governing board or individual, if applicable, of the Association. 1.7 "Building Lot" shall mean and refer to any plot of land showing upon any recorded plat of the Property with the exception of Common Area. 1.8 "Bylaws" shall mean the bylaws of the Association. 1.9 hereof. "Committee" shall mean the Architectural Committee described in Article VI 1.10 "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners, including easements of landscaped area along Ustick defined on record map. The traffic islands are also included. 1.11 "Declaration" or "Supplemental Declaration" shall refer to this declaration as hereafter amended and supplemented from time to time. 1,12 "Declaranf' shall mean and referto Stubbtefield Construction Co., a Califomia corporation, and its successors and assigns. if such successors and assigns should acquire more thim one (1) undeveloped Lot froin the Declarant for the purpose of development and as part of such conveyance, the Declarant assigns and transfers to such TUMBLE CREEK SUBDIVISION - 2 . . transferee the Declarant's rights with respect to such Lots. 1.13 "Grantor" shall mean and refer to the Declarant. 1.14 "Improvement" shall mean any structure, facility or system, or other improvement or object. whether permanent or temporary, which is erected, constructed or placed upon, under or in any portion of the Property; including, but not limited to buildings, fences, streets, drives, driveways, sidewalks, curbs, landscaping, signs, lights, mailboxes, electrical lines, pipes, pumps, ditches,waterways, swimming pools and other recreational facilities and fixtures of any kind whatsoever. 1.15 "Lot" shall mean and refer to a Building Lot. 1.16 "Member" shall mean each person or entity holding a membership in the Association. 1.17 "Mortgage" shall mean and refer to any mortgage or deed to trust and "Mortgagee" shall refer to the mortgagee, or beneficiary under a deed of trust,and "Mortgagor" shall refer to the mortgagor, or grantor of a deed of trust. 1.18 "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 1.19 "Plat" shall mean the recorded Plat of TUMBLE CREEK SUBDIVISION and the recorded Plat of any other Properties annexed hereto. 1.20 "Properties" or "Property" shall mean and refer to the real property hereinbefore described, and such additions thereto as may hereafter be annexed and brought within the coverage of this declaration as more particularly provided for herein. 1.21 "Set Back" means the minimum distance established by law between the dwelling unit or other structure referred to and a given street, road or Lot line. 1.22 "Unit" shall mean one residence which shall be situated upon a Lot. ARTICLE II GENERAL COVENANTS CONDITIONS AND RESTRICTIONS 2.1 Land Use and Buildina Tvoe. No Lot shall be used except for residential purposes. and na Lot or the Cammon Area shall be used for the conduct of any trade or business or professional activity. Notwithstanding the foregoing, the Board may, in its discretion and upon request by an Owner, allow an Owner to conduct a "garage sale" upon such Owner's Lot. TUMBLE CREEK SUBDIVISION - 3 . . No improvements shall be erected, altered, placed or permitted to remain on any Lot other than one designed to accommodate no more than one (1) single-family residential dwelling. 2,1.1 Size Limitations. Split level and two (2) story Units shall have not less than 1400 square feet of interior floor area, BOO square feet on the ground floor, exclusive of porches and garages. All other Units shall have not less than 1400 square feet of interior floor area, exclusive of porches and garages. 2.1.2 Garaces. Each Unit constructed with the Property shall include at least a two (2) car, enclosed garage which is an integral part of the Unit structure. 2.1.3 Roofing Material. The roof of each Unit may be constructed of asphalt shingles, or such other material as may be approved by the Architectural Committee in writing. 2.2 Architectural Control. No improvements which will be visible above the ground or which will ultimately affect the visibility of any above ground improvement shall be built, erected, placed or materially altered, including without limitation" change of exterior colors or materials, on the Property, unless and until the building plans, specifications, and plot plan have been reviewed in advance by the Architectural Committee and the same have been approved by the Committee. The review and approval or disapproval may be based upon the following factors: design and style elements, mass and form, topography, setbacks, exterior color and materials, physical or artistic conformity to the terrain and the other improvements on the Property which the Architectural Committee, in their reasonable discretion, deems relevant Said requirements as to the approval of the architectural design shall apply only to the exterior appearance of the improvements. This Declaration is not intended to serve as authority for the Architectural Committee to control the interior layout of design of buildings except to the extent incidentally necessitated by use and size requirements. 2.3 Fxterior Maintenance: OWner's Oblications. No improvements, including mail boxes and landscaping, shall be permitted to fall into disrepair, and each improvement shall at all times be kept in good condition and repair, In the event that any Owner shall permit any improvement, including trees and landscaping, which is the responsibility of such Owner to maintain, to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition, or damage to Property or facilities on or adjoining their Lot which would otherwise be the Associations' responsibility to maintain, the Board, upon fifteen (15) days prior written notice to the Owner of said Lot, shall have the right to correct such condition, and to enter upon such OWner's Lot for the purpose of doing so, and such Owner shall promptly reimburse the Association for the cost thereof. Such cost shall be a Limited Assessment and shall create a lien enforceable in the same manner as other Assessments set forth herein. The Owner of the offending Lot shall be personally liable, and his Lot may be. subject to a mechanic's lien for all costs and expenses incurred by the Association in taking such corrective action, plus all costs incurred in collecting the amounts due. Each Owner shall pay.all amounts due for such work within ten (10) days TUMBLE CREEK SUBDIVISION - 4 . . after receipt of written demand therefor, or the amounts may, at the option of the Board, be added to the amounts payable by such Owners as Regular Assessments. Each Owner shall have the remedial rights set forth herein if the Association fails to exercise its rights within a reasonable time following written notice. In the event the improvements on any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration or reconstruction thereof within ninety (90) days of such damage or destruction. If after ninety (90) days of the repair, restoration or reconstruction of such damaged or destroyed improvements have not taken place, the Association, upon fifteen (15) days prior written notice to the Owner of such Property, shall have the right to correct such condition, and to enter upon Owners Lot for the purpose of doing so and such Owner shall bear all costs incurred by the , Association, a lien shall be applied to the Lot. 2.4 Improvements Location. No improvements shall be constructed in violation of set-back requirements established by law, or by this Declaration as set forth on the recorded plat of the Subdivision. 2.5 Nuisances. No noxious or offensive activity, including without limitation, those creating an offensive odor, shall be carried on upon any Lot or the Common Area nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 2.6 Temporal}' Struq!:ures. No improvements of a temporary character, trailer, basement, tent, shack, garage, bam or other outbuilding shall be placed or used on any Lot at any time as a residence either temporarily or permanently. 2.7 ~ No sign Qf any kind shall be displayed to the public view on any Lot except one sign of not more than five, (5) square feet advertising the Property for sale or rent, or signs used by a builder or the Declarant to advertise the Property during the construction and sales period. . 2.8 Oil and Mining, 9cerations. No oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon the Property, nor shall oil wells, tanks. tunnels, mineral excavations or shafts be permitted upon the Property. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon the Property. 2.9 Livestock and Poultry. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, catS or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose and provided that the keeper of such pets complies with all city, and county laws, rules and regulations. No dog runs or kennels shall be permitted to be kept or placed within five (5) feet of a set-back line where applicable. Dog runs or kennels shall only be permitted to be placed and .maintained to the rear of dwellings and in no vehicles, or similar equipment, motorcycles, snowmobiles, trucks (working or non-working) greater than three-quarter (314) of a ton in size shall regularly,or as a matter of practice be parked or stored on any portion TUMBLE CREEK SUBDIVISION - 5 . . ARTICLE IV TUMBLE CREEK HOMEOWNERS' ASSOCIATION 4.1 OrQanization of Association. The Tumble Creek Homeowners' Association ("Association'~ is an Idaho Corporation formed under the provisions of the Idaho Non-Profit Corporations Act and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws afd this Declaration. Neither the Articles nor the Bylaws shall, for any reason, be BI'TIEInded or otherwise changed or interpreted so as to be inconsistent with this Declaration, 4.2 Membershic Each Owner of a Lot subject to this Declaration (including the Declarant) by virtue of being such an Owner and, for,so long as such ownership is maintained, shall be a Member of the Association, and no Owner shall have more than one membership in the Association, except as hereinafter set forth with respect to voting. Memberships in the Association shall not be assignable, except to the successor-in-interest of the Owner, and all memberships In the Association shall be appurtenant to the Lot owned by such Owner. The memberships in the Association shall not be transferred, pledged or alienated in any way except upon the transfer of title to said Lot and then only to the transferee of title to said'lot Arr¡ attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Association. 4.3 ~ The Association will have two (2) classes of voting memberships. 4.3.1 Qui.A,. Class A members shlilU be the Owners, with the exception of the Declarant; and shall be entitJedto one (1) vote for each Lot owned. When more than one person holds àn Inwest in any Lot, all such persons shall be members. The vote for sochLot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot. 4.3.2 ~ The Class B member shaD be the Declarant. Upon the recording hereof, Declarant shall be entitled to three (3) votes for each Lot of which Declarant is the Owner. The Class B membership shall cease and be converted to Class A membership on January 1, 2002, or when the Declarant no longer owns any Lots within the property subject to the Declaration, whichever event shall first occur. 4.4 Board of Directors and Officers. The affairs of the Association shall be conducted by a Board of Directors and. such officers as the Directors may elect or appoint, in accordance with the ArtIcles, Bylaws, and this Declaration as the same may be amended and supplemented from time to time, 4.5 Powers and Duties of the Association. 4,5.1 ~ The Association shall have all the powers of a non-profit corporation orgl¡mized under the ge~fnon-profit corporation laws of the TUMBLE CREEK SUBDIVISION - 8 . . Drainage Lots when the sediment level exceeds the designated storage level. All other maintenance shall be referred to hereing as "light maintenance." Ada County Highway District (ACHD) 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. 4,5.2.7.2.2 Easement to ACHD for Heavv Maintenance. Each drainage lot shall have an access road along one side of it to support an HS-20 truck loading. Such access roads shall be accessible from the adjacent subdivision street, extend along an entire side of such drainage lot and at least 12' 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 obstruction shall be placed on the Drainage Lots in a manner that would interfere 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 Homeowner's Association. 4.5.2.7.2.3 Light 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 Homeowner's with copies made available to any interested party upon request. Said Manual for LIght Maintenance is incorporated herein by this reference. 4.5.2.8 Right-of-Way Maintenance. Maintain, repair and replace the landscaped berm, including the sprinkler system installed thereon, and the fence located on Ustick or any other public right-of-way adjacent to the Property and such other landscaping located within public right-of-way as the Board deems necessary to appropriate. 4.5.2,9 Irrigation Maintenance. Maintain, repair, replace all irrigation lines or channels located on or serving this subdivision, and to pay all maintenance and construction fees of any Irrigation District with respect to the Property, which amounts shall be assessed against TUMBLE CREEK SUBDIVISION - 13 . . " ,~,~¿~, each Lot as provided herein. 4.5.2.10 Street Lights. Maintain, repair and replace street lights within the Property to the extent such street lights are not operated, maintained, repaired and replaced by the Highway District or other governmental entity, which has jurisdiction of such matters. 4.5.2.11 Subdivision ADDroval ResDonsibilities. Perform all continuing duties and responsibilities imposed upon the Grantor pursuant to any governmental approvals relating to the Property including, without limitation, those set forth in the preliminary plat approval for the Subdivision. 4.6 Personal Liability. No member of the Board or any committee of the Association or the Arohitectural Committee or any officer of the Association, or the Declarant, or the manager, if any, shall be personally liable to any Owner, or any other party, including the Association, for any damage, loss or prejudice suffered or claimed on the account of any act,omission, error or negligence of the Association, the Board, the manager, if any, or any other representative or employee of the Association, the Declarant or the Architectural Committee, any other committee or any officer of the Association, or the Declarant, provided that such person has, upon the basis of such information as may be possessed by him, acted in good faith without willful or intentional misconduct. ARTICLE V COVENANT FOR MAINTENANCE AND ASSESSMENTS 5.1 Creation of the Lien and Personal Oblioation of Assessments. Each Owner of any Lot. by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay the Association: 5.1.1 Annual regular assessments or charges. 5.1.2 Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided; and 5.1.3 Limited assessments as hereinafter provided. The Regular, Special and Limited assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made, Each such assessment, together with interest, costs and reasonable attorney fees shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. TUMBLE CREEK SUBDIVISION - 14 . . 5.2 Purpose of Assessments. 5.2.1 Reaular Assessments. The regular assessments levied by the Association shall tie used exclusively and to promote the recreation, health, safety and welfare of the residents in thct Pl'QJerties and for the improvement and maintenance of the Common Area, to pay property taxes and other assessments, to pay the annual assessments of any irrigation district and to pay such other reasonable costs and expenses which are incurred by the Association in carrying out the duties,and business of the Association. 5.2.2 Special Assessments for Capital Imorovement In addition to the annual regular assessments authorized Ii\Þove, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, costs and expenses for the Association which exceed the regular assessments or the costs and expenses or any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall be approved by a two-thirds (2/3) vote of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Additionally, upon the sale of each Lot by Grantor, the purchaser shall pay a one-time special assessment of Thirty and No/100 Dollars ($30,00) per Lot. Such special assessment shall be paid on or before the date of recordation of the deed from Grantor to the purchaser. Grantor, as agent for the Association, shall be entitled to collect this one-time special assessment at the closing of the Lot sale. This one-time special assessment shall be used to defray organizational cost for the Association and general costs of operation. 5.2.3 Limited Assessments. The limited assessments may be levied against any Owner in an amount equal to the costs and expenses incurred by the Association, including legal fees for corrective action necessitated by such Owner, without limitation, costs and expenses incurred for the repair and replacement of the Common Area or other property owned or maintained by the Association, damaged by negligent or willful acts of any Owner or occupant of a Lot who is occupying the Lot with the consent of such Owner, or for maintenance of landscaping performed by the Association which has not been performed by Owner as provided herein. 5.3 Maximum Annual ReQular Assessment The initial maximum annual regular assessment to be assessed by the Association, shall be one hundred, fifty and No/100 Dollars ($150,00) per Lot per year plus a one-time set up fee of $200.00. 5.3.1 The maximum annual assessment may be increased by the Board each year by not more than ten percent (10%) above the maximum assessment for the previous year without a vote for the membership of the Association as provided below, 5.3.2 The maximum' annual assessment may be increased above ten TUMBLE CREEK SUBDIVISION - 15 . . ":"",,:,i,,,~;;;,;;; property. No Owner may waive or otherWise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. 5.8 Subordination of the Lien to Mortgaaes. The lien of the 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. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payment which become due prior to such sale or transfer but shall not extinguish personal liability, No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE VI ARCHITECTURAL COMMITTEE 6.1 Members of the Committee The Architectural Committee for the Property, sometimes referred to as the "Committee", shall consist of three (3) members. The following persons are hereby designed by Declarant as the initial members of the Committee for the Property: Name ~ John L. Stubblefield 641 W. Franklin Road Meridian, Idaho 83642 Jim E. Stubblefield 641 W, Franklin Road Meridian, Idaho 83642 John W. Holland 4720 W. Emerald Street Boise, Idaho 83706 Each of said persons shall hold ,office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein. Members of the Committee may be removed at any time without cause. 6,2 Right of ADDointment and Removal At any time, Grantor is the Owner of at least one (1) of the Lots, Grantor shall have the right to appoint and remove all members of the Committee. Thereafter, the Board of Directors of the Association shall have the power to appoint and remove all members of the Committee. Members of the Committee may be removed at any time, without cause. 6.3 Review of ProDosed Construction The Committee shall consider and act upon any and all proposals of plans and specifications submitted for its approval pursuant to this Declaration, and perform such other duties as from time to time shall be assigned to it by the Board of the Associàtion,. including the inspection of construction in progress TUMBLE CREEK SUBDIVISION -17 . . to assure its conformance with plans approved by the Committee, The Board shall have the power to determine, by rule or their written designation consistent with this Declaration, which types of improvements shall be submitted to the Committee to review and approval. The Committee shall approve proposals, plans and specifications submitted for its approval only as it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the appearance of any structure affected thereby will be in harmony with the surrounding structures, and that the upkeep and maintenance thereof will not become a burden on the Association. 6.3.1 Conditions on Approval The Committee may condition its approval of proposals or plans and specifications upon such changes therein as it deems apþropriate, or upon the agreement of the Owner submitting the same ("Applicanf') to grant appropriate easements to an Association for the maintenance thereof, upon the agreement of the Applicant to reimburse the Association for the cost of maintenance, or upon all three, and my require submission of additional plans and specifications or other information before approving or disapproving material submitted. 6.3.2 Committee Rules and Fees The Committee also may establish, from time to time, rules and/or guidelines setting forth procedures for the required content of the applications and plans submitted for approval. Such rules may require a fee to accompany each application for approval, or additional factors which it will take into consideration in reviewing submissions. The Committee shall determine the amount of such fee in a reasonable manner, provided that in no event shall such fee exceed One Hundred Dollars ($100.00). Such fees shall be used to defray the costs and expenses of the Committee or for such other purposes as established by the Board. Such rules and guidelines may establish, without limitation, procedures, specific rules and regulations regarding design and style elements, landscaping and fences and other structures such as animal enclosures as well as special architectural guidelines applicable to Building Lots located adjacent to public and/or private open space. 6.3.3 Detailed Plans The Committee may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation, floor plans, landscape plans, drainage plans, elevation drawings and descriptions or samples of exterior material colors. Until receipt by the Committee of any required plans and specifications, the Committee may postpone review of any plan submitted for approval. 6.3.4 Committee Decisions. Decisions of the Committee and the reasons therefor shall be transmitted by the Committee to the Applicant at the address set forth in the application for approval within seven (7) days after filing all materials required, by the Committee. Any materials submitted pursuant to this Article shall be deemed approved unless written disapproval by the Committee shall have been mailed to the Applicant within seven (7) days after the date of the filing of said materials with the Committee. The TUMBLE CREEK SUBDIVISION - 18 . . , ""J';¡"'{" said seven (7) day period shaH only commence to run when an authorized representative of the Committee has executed an application form acknowledging acceptance of such application and acknowledging that such application is complete. 6.4 Meetinas of the Committee The Committee shaH meet from time to time as necessary to perform its duties hereunder. The Committee may from time to time by resolution unanimously adopted in writing, designate a Committee Representative (who may, but not need be, one of its members) to take any action or perform any duties for and on behalf of the Committee, except the granting of variances pursuant to section 6.9. In the absence of such designation, the vote of any two (2) members of the Committee, or the written consent of any two (2) members of the Committee taken without a meeting, shall constitute an act of the committee. 6.5 No Waiver of Future ADDrovals. The approval of the committee of any proposals or plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the Committee, shaH not be deemed to, constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings or matter whatever subsequently or additionally submitted for approval or consent. 6.6 ComDensation of Members The members of the Committee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by tI1em in the performance of their duties hereunder and except as otherwise agreed by the Board. 6.7 Insoection of Work Inspection of work and correction of defects therein shall proceed as follows: 6,7,1 Upon the completion of any work for which approved plans are required under this Article, the Owner shall give written notice of completion to the Committee. 6.7.2 Within sixty (60) days thereafter, the Committee or its duly authorized representative may inspect such improvements. If the Committee finds that such work was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such noncompliance with such sixty (60) day period, specifying the particular noncompliance, and shall require the Owner to remedy the same. 6.7.3 If for any reason the Committee fails to notify the Owner of any noncompliance within sixty (60) days after receipt of the written notice of compliance from the Owner, the improvement shall be deemed to be in accordance with the approved plans. 6.8 Non Liability of Committee Members. Neither the Committee nor any member thereof, nor its duly authorized Committee Representative, shall be liable to the Association, or to any Owner or Grantee for any loss, damage or injury arising out of or in TUMBLE CREEK SUBDIVISION - 19 . . any way connected with the performance of the Committee's duties hereunder, provided such person has, upon the basis of such information as may be possessed by him, acted in good faith without willful or intentional misconduct. The Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement. alteration or addition, solely on the basis of aesthetic considerations and the overall benefit or detriment which would result in the immediate vicinity and to the Property generally. The Committee shall take into consideration the aesthetic aspects of the architectural designs, placement of building, landscaping, color schemes, exterior finishes and materials and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or design from the standpoint of structural safety or conformance with building or other codes. 6.9 Variances. The Committee may authorize variances from compliance with any of the architectural provisions of this Declaration or any Supplemental Declaration, including restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require, Such variances must be evidenced in writing, must be signed by at least two (2) members of the Committee, and shall become effective upon recordation in the Office of the County Recorder of Ada County. If such variances are granted, no violation of the Restrictions contained in this Declaration or any Supplemental Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or of any Supplemental Declaration for any purpose except as to the particular property and particular provision hereof, covered by the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or of any Supplemental Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance, nor shall it affect in any way the Owner's obligation to comply with all govemmental laws and regulations affecting his use of the premises, including but not limited to zoning ordinances and Lot set-back lines or requirements imposed by any govemmental or municipal authority. ARTICLE VII ANNEXATION OF ADDITIONAL PROPERTIES 7.1 Annexation Declarant presently intends to develop other neighboring properties and may, in Declarant's discretion, deem it desirable to annex some or all of such other properties to the property covered by this Declaration. The annexed property may, at Declarant's sole discretion, be used and developed for any purpose allowed under appropriate zoning regulations. Such other properties may be annexed to the Property and brought within the provisions of this Declaration by Declarant, its successors or assign, at any time, and from time to time, without the approval of an Owner, the Association or its Board of Directors. As such properties are developed, Declarant shall, with respect thereto, record a Supplemental Declaration which shall annex such properties to the Property and which may supplement this Declaration with such additional or different covenants, conditions, restrictions, reselVations and easements as Declarant may deem TUMBLE CREEK SUBDIVISION - 20 "~~;'" . .,~, appropriate for the other properties or portions thereofand may delete or eliminate as to "", " ", ," such other properties such covenants, conditions, restrictions, reservations and easements as are continues herein which Declarant deems not appropriate for the other properties. 7.2 Additional Properties Subject to the provisions of Section 7.1 above, upon the recording of a Supplemental Declaration as to other properties containing the provisions as set forth in this Section, all provisions contained in this Declaration shall apply to the added properties in the same manner as if it were originally covered by this Declaration, subject to such modification, changes and deletions as specifically provided in such Supplemental Declaration. The Grantees of Lots located in the other properties shall share in the payment of asSessments to the Association as provided herein from and after the recordation of the first deed of a Lot within the added properties from Declarant to an individual purchaser thereof. 7.3 Procedure for Annexation The additions authorized under Section 7.1 above, shall be made by filing of record a Supplemental Declaration or other similar instrument with respect to the other properties or portion thereof, which shall be executed by Declarant of the Owner thereof and shall extend the general plan and scheme of this Declaration. The filing of record of said Supplemental Declaration shall constitute and effectuate the annexation of the other properties or portion thereof described therein, and thereupon said other properties of portion thereof shall become and constitute a part of the properties, become subject to this Declaration and encompassed within the general plans and scheme of covenants, conditions, restrictions, reservations and easements and equitable servitudes contained herein as modified by such Supplemental Declaration for such other properties or portion thereof, and become subject to the functions, powers and jurisdiction of the Association. Such Supplemental Declaration may contain such additions, modifications or declarations of the covenants, conditions, restrictions, reservations or easements and equitable servitudes contained in this Declaration as may be deemed by Declarant desirable to reflect the different character, if any, of the other properties or portions thereof or as Declarant may deem appropriate in the development of the properties or portion thereof. 7.4 When other properties are developed; there will be a certain amount of dust and/or dirt, construction traffic and noise associated with the development until development is completed. ARTICLE VIII EASEMENTS 8.1 Maintenance and Use Easement Between Walls and Prooertv Lines The Association or owner of any lot shall hereby be granted an easement of 5' width on the adjoining properties for the purpose of maintenance of (ence and/or landscaping so long as such use does riot cause damage to any structure or fence. TUMBLE CREEK SUBDIVISION - 21 <¥i~iJ+ . . . <..'i'it~4<~':, . 8,2 Other Maintenance Easements Easements for installations and . . maintenance of utilities and drainage facilities are reserved as shown on the record plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements, The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for these improvements for which a public authority or utility company is responsible. A further easements is hereby reserved in favor of the Association for access to and maintenance of any irrigation facilities serving the Common Area. ARTICLE IX GENERAL PROVISIONS 9.1 Enforcement The Association or any Owner, shall have the right to enforce, by the proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 9,2 ~ Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. 9.3 Interoretation The terms, covenants and conditions hereof are to be read and interpreted consistently and in a manner to protect and promote Property values. 9.4 Term and Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods often (10) years unless an instrument signed by seventy-five percent (75%) of the then Owners of the Lots has been recorded, agreeing to change said covenants in whole or in part. This Declaration may be amended, restated, replaced, terminated or superseded during the first twenty (20) year period by an instrument signed by the President and Secretary of the Association affirming that such amendment was approved by two-thirds (213) of the Owners of the Lots covered by this Declaration or by an instrument signed by two-thirds (213) of the Lot Owners; provided, however, that if Grantor is still the Owner of any Lots the provisions of Article VI may not be amended without the written consent and vote of the Grantor. TUMBLE CREEK SUBDIVISION - 22 . ARTICLE X MISCELLANEOUS . ;;..,,;;;~t:)~. A. Enforcement and Non-Waiver' Any lot owner, or homeowner association, whether or not directly affected, shall have the right to enforce, by an proceeding at law or in equity, any violation or threatened violation of a provision of this Declaration. The failure of any person to enforce any covenant or restriction herein contained shall not be deemed a waiver of the rights granted herein. Waiver of one breach does not constitute waiver of any other breach. There can be no waiver of the right to solar access created by this Declaration. B. Severability' Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way effect any other provisions, which shall remain in full force and effect. C. Duration and Acplicabilitv to Successors: The covenants, conditions, and restrictions set forth in this Declaration shall be in effect perpetually, shall run with the land and shall inure to the benefit of and be binding upon the Declarant and all lot owners in the subdivision and their successors in interest. D. Amendment. This Declaration may be amended by the action of the owners of a majority of the lots in the subdivision affected by such amendment provided the amendment does not reduce the amount of solar access protection provided to the subdivision and the amendment is approved by the City of Meridian City. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this 2nd day of October, 1997. STATE OF IDAHO) ) ss. County of Ada) On this :0",.\ day of {)r~olrl'A . 1911:. before me the undersigned, a Notary Public in and for said State, personally appeared John L. STUBBLEFIELD known or identified to me to be the President of Stubblefield Construction Co., the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. . TUMBLE CREEK SUBDIVISION- 23 " , , !~.. ". "':"~:::I:',"',' "",,:,';~<4<¡,~~i~f.; , ..",,"':"";' "IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seäJ;\'{l:ié.d~iand ,year in this certificate first above written, /' ',~'o'O '"uJ f "-¡.,¡,oT,~:ì' 'o~,,'~ ' 'h,i:;¡- ~ ,:\",";~.. IMt1\ ~, )\0, . - ." - :~:.~; Notary Public for Idaho o' '. '\/3' \C :.....; \ j:'oo. ~ /,.."," Residing at Boise, Idaho -:-' / ' " '..'- ""',." f;;.;'~'"-f:,'¡"~: ": My Commission Expires:3--lh' ~ "'...~":,;""",,. , ' TUMBLE CREEK SUBDIVISION - 24