Loading...
Declaration of Maintenance Covenant_RecordedADA COUNTY RECORDER Phil McGrane 2020-064422 ACCOMMODATION RECORDING BOISE IDAHO Pgs=5 DAN RYALLS 05/29/2020 02:57 PM TITLEONE BOISE $22.00 DECLARATION OF MAINTENANCE COVENANT MOVADO APARTMENTS SUBDIVISION THIS DECLARATION OF MAINTENANCE COVENANT MOVADO APARTMENTS SUBDIVISION (the "Declaration") is executed by SILVERSTONE APARTMENTS, LLC, an Idaho limited liability company ("Declarant") and recorded against that certain real property legally described on EXHIBIT A, attached hereto, and incorporated herein by reference (the "Property"), which is all of the property shown on the official plat of Movado Apartments Subdivision, recorded or to be recorded in the real property records of Ada County, Idaho. Declarant hereby declares that, for so long as the Property continues to be used as a multi -family residential development, it shall be held, leased, occupied, used and improved subject to the following covenants and conditions, all of which are for the purpose of uniformly enhancing and protecting the value, attractiveness and desirability of the Property. 1. Declarant shall cause to be maintained all of the Improvements in a commercially reasonable manner. For purposes of this Declaration, "Improvements" shall include, but are not limited to the apartment buildings, clubhouse, common area amenities, landscaping, carports, garages, parking and driveway areas, and sidewalks. No Improvement shall be permitted to fall into disrepair, and each Improvement shall at all times be kept in good condition and repair. 2. Declarant shall cause to be maintained all of the landscaping improvements owned by Declarant and constructed throughout the Property in a commercially reasonable manner, including but not limited to repairing and replacing, when necessary, automatic sprinkler systems and water lines, and replacing of shrubs, trees, and other landscaping when necessary. 3. Declarant shall cause any private roads, walkways and sidewalks within the Property to be maintained in a commercially reasonable manner, including but not limited to repairing, seal coating, and resurfacing, when necessary, all paved surfaces in a level, smooth and evenly covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be equal or superior in quality, use and durability; and restriping, when necessary. 4. Declarant shall cause the removal of any snow, papers, debris, filth and refuse and shall thoroughly sweep the Property to the extent reasonably necessary to keep the Property in a clean and orderly condition. 5. Declarant shall cause any erosion control and other similar features, including but not limited to, retaining walls and other similar features, on the Property to be maintained in a commercially reasonable manner and in compliance with all applicable laws and regulations. 6. Declarant shall cause any Declarant owned area drains, or storm water systems (not including any such systems owned by or the legal responsibility of parties other than Declarant but located on the Property) to be maintained in a commercially reasonable manner and in compliance with all applicable laws and regulations. 7. Declarant shall maintain in a commercially reasonable manner and in compliance with all applicable laws and regulations any Declarant owned sewer laterals from any structures on the Property to the point that such laterals connect with sewer systems owned by or controlled by parties other than Declarant. 8. Declarant shall maintain in a commercially reasonable manner and in compliance with all applicable laws and regulations any Declarant owned culinary water systems from any structures on the Property to the point that such systems connect with culinary water systems owned by or controlled by parties other than Declarant. 9. Declarant shall cause all fences installed by it on the Property to be maintained, repaired, and replaced, when necessary, in a commercially reasonable manner. 10. Declarant may employ or contract with any professional management company or service provider deemed appropriate by it to perform any or all of the covenants and conditions set forth in this Declaration or to other assist in the maintenance and management of the Property. 11. Nothing in this Declaration shall be deemed to be a gift or dedication of the Property, or any portion thereof, to the public, or for any public use. In addition, except for Declarant's maintenance obligations hereunder, nothing in this Declaration shall be deemed to limit or restrict any right of Declarant with respect to the ownership, use and operation of the Property 12. Amendment of this Declaration may be undertaken by Declarant or its successors in interest to the Property so long as such amendment does not violate any legally binding provision of any recorded Development Agreement, or any state or local ordinance or law. 13. Declarant makes no representations or warranties to any third party of any kind, express or implied, with respect to the Property, its physical condition, its fitness for any intended use or purpose, its compliance with any laws or regulations except as is specifically set forth and stated in this Declaration. 14. This Declaration shall run with the land and be binding upon Declarant and any and all successors in interest of Declarant to the ownership of the Property. 15. In the event that Declarant or any successor in interest is composed of more than one person or organization, the obligations of said Declarant shall be joint and several. 16. This Declaration and any amendment or modification shall be recorded in the real property records of Ada County, Idaho. [end of text] IN WITNESS WHEREOF, this Declaration has been executed effective as of the day and year or its recording in the legal real property records of Ada County, Idaho. Silverstone Apartments, LLC, an Idaho limited liability company By: Lexicon Properties, Inc., an Idaho corporation, its Manager By: Dy Chacon, President By: Dave Evans Construction LLC, an Idaho limited liability company, its Manager 0 D. Zachary Evans, Manager State of Idaho ss. County of Ada On this .27 day of in the year 2020, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared D. Zachary Evans, known or identified to me to be a Manager of Dave Evans Construction LLC, a manager of Silverstone Apartments, LLC, the Idaho limited liability company that executed the instrument and acknowledged to me that he executed the same on behalf of Dave Evans Construction LLC, as manager of Silverstone Apartments, LLC, and that Silverstone Apartments, LLC executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY ohm RHONDAAPSLEY /4 COMMISSION '#61606 NotaryPublic-for Idahov- C T Y P NNUOTIAARMYY PUBLIC Residing at 60 (5;-e I S 0 U 7 TT 0 0 STATE OF IDAHO My Commission expires .511 q 7;2-T�� State of Idaho ss. County of Ada On this ;;Z I day of , in the year 2020, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Dyan Chacon, known or identified to me to be the president of Lexicon Properties, Inc., a manager of Silverstone Apartments, LLC, the Idaho limited liability company that executed the instrument and acknowledged to me that she executed the same on behalf of Lexicon Properties, Inc., as manager of Silverstone Apartments, LLC, and that Silverstone Apartments, LLC executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 7 'AFA HONDA APSILEY -7 COMMISSION #616M NOTARY PUBLIC STATE OF IDAHO EXHIBIT A Legal Description of the Property Boundary Legal Description March 19, 2019 BASIS OF BEARINGS for this legal description is South 89013'35" East, between the brass cap marking the N1/4 of Section 21 and the aluminum cap marking the northeast corner of Section 21, both in T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho. A parcel of land located in the NW1/4 of the NE1/4 of Section 21, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap marking the N1/4 corner of said Section 21; Thence South 0*11'04" West, coincident with the west line of said NW1/4 of the NE1/4 of Section 21, a distance of 62.00 feet to 5/8" rebar PLS 14221 on the south right of way of E. Overland Rd. and the POINT OF BEGINNING; Thence South 89013'35" East, parallel with said south right of way of E. Overland Road, 703.00 feet to a 5/8" rebar PLS 14221; Thence South 0°11'04" West, parallel with said west line of the NW1/4 of the NE1/4 of Section 21, a distance of 347.42 feet to a 5/8" rebar PLS 14221; Thence North 89013'35" West, parallel with said south right of way of E. Overland Road, 703.00 feet to a 5/8" rebar PLS 14221 on said west line of the NW1/4 of the NE1/4 of Section 21; Thence North 0011'04" East, coincident with said west line of the NW1/4 of the NE1/4 of Section 21, a distance of 347.42 feet to the POINT OF BEGINNING. The above described parcel contains 5.607 acres more or less.