2020-09-15 Homan Letter to City P&Z RE: CCR'S Matt&Ashley Neukom
5120 West Larry Lane
Meridian, ID 83646
September 15, 2020
City of Meridian
Planning and Zoning Commission
33 East Broadway
Meridian, ID 83642
Delivered via email to: cityclerk@meridiancity.org and atiefenbach@meridiancity.org
Re:Tara's Landing AZ, PP H-2020-0048
Dear Planning and Zoning Commission:
We have asked a land use attorney whether or not the CC&Rs for our subdivision are valid. If they are
invalid,we do not wish to prevent the progress of development. However, if they are valid, we would
like to maintain our rights as property owners.
Please see the attached letter from Brian C. Peterson at Angstman Johnson dated September 14, 2020
that confirms the CC&Rs are valid and also comments on Tara's Landing's conformance with the CC&Rs.
As noted in our letter dated September 14, 2020 and since the CC&Rs are valid, please do not approve
this development until our concerns have been addressed by the developer.
Please contact us if you have questions about this information.
Sincerely,
Matt A. Neukom Ashley E. Neukom
matt@iccboise.com
208-965-3244
Enclosure
CC: Jack and Vickie Bartlett,delivered via email to Iwb111@q.com and vic bartlett@q.com
John and Libby Bagley,delivered via email to dancerdog2@gmail.com and*bagley604@gmail.com
Mike and Jan Siren,delivered via email to esiron@msn.com
Dan and Tami Cuthill,delivered via email to cuthill@iglide.net
ANGSTMAN JOHNSON
ATTORNEYS AND COUNSELORS BRIAN C.PETERSON
E-MAIL: BRIAN@a ANGSTMAN.COM
September 14, 2020
Via Email:
Matt Neukom
1520 W. Larry Lane
Meridian, ID 83646
RE: Assessment of Mike Homan Application for Annexation with
Rezone and Preliminary Plat at Meridian Planning & Zoning
Project/File: Tara's Landing—MPP20-0019/H-2020-0048
Dear Matt:
Currently before the Meridian City Planning and Zoning Commission is an application by
Mike Homan for the annexation with rezone and preliminary plat of a parcel within the Compton
Subdivision Number Two to develop Tara's Landing into 29 lots ("Homan Application"). You
have asked for an opinion about whether the Homan Application would violate the Compton
Subdivision Number Two covenants, conditions and restrictions ("Compton CCRs"). In my
opinion, the Homan Application does violate a protective covenant in the Compton CCRs
restricting lots less than one acre in size. The Homan Application seeks approval to create 29 lots
each between 4,000 and 6,500 square feet.
The Compton CCRs, a copy of which is attached as Exhibit A, were validly recorded as
Ada County Instrument No. 908606 in December 1974. The official plat of Compton Subdivision
Number Two, described in the Compton CCRs as the land to which the Compton CCRs apply,
was recorded as Ada County Instrument No. 908601 in December 1974, a copy of which is
attached as Exhibit B. The Compton CCRs contain the following applicable restrictions and
terms:
,,The said Compton Subdivision Number Two is to be divided into residential areas
of five acres or larger each and any lots larger than one acre may be resubdivided
by the owners thereof into parcels not less than one acre in size by compliance with
the local and state regulations and laws." (Compton CCRs at p. 1)
"These covenants shall run with the land and shall be binding on all persons owning
under them for a period of twenty-five(25)years from the date of recording hereof,
after which time such covenants shall be automatically extended for successive
periods of ten (10) years, unless at any time after the initial recording of the
instrument an instrument signed by the owners of 75%of the land of the subdivision
199 N. Capitol Blvd. I Ste 200 1 Boise, ID 83702 T 1 208-384-8588
www.angstman.com F 1 208-629-2157
has been recorded agreeing to change or terminate said covenants in whole or in
part." (Compton CCRs at p. 4)
The Compton CCRs prohibit an owner subdividing his parcel into lots less than one acre in size.
The burdens imposed by restrictive covenants run with the land; i.e.,they may be enforced
against one who purchases real property with notice of the covenants. See Indep. Sch. Dist. v.
Harris Family Ltd. P'ship, 150 Idaho 583, 589, 249 P.3d 382 (2011); Shawver v. Huckleberry
Estates, LLC, 140 Idaho 354, 365, 93 P.3d 685, 696 (2004). The Homan Application,which seeks
annexation and subdivision of Lot 4 of Compton Subdivision Number Two into 29 single-family
residential lots, each between 4,000 and 6,500 square feet, violates this one-acre covenant. The
Compton CCRs have renewed for successive ten-year periods, and are binding on the current lot
owners because owners of 75% of the land have not recorded an instrument amending the one-
acre restriction or terminating the Compton CCRs.
Very truly yours,
Brian C. Peterson
Attorney at Law
Enclosures
EXHIBIT A J w�4 1301
COON SUBDIVISION NUMBER 2 - --._
Dated: December 6, 1973 3 j ' a 3 S 3
Recorded: December 6, 1973 '
Instrument No. 868-311
The undersigned being the owners of the property hereinafter described,
hereby adopt the following protective covenants in their entirety to apply
to real property to be subdivided and contained in a subdivision to be kuoua
c - .
as the Compton Subdivision Number Two, in Ada County, Idaho, according to
'the official plat thereof filed in Book 31 of Plats at Page 1935, records of
{ Ada County, Idaho. _
I _ Tha-aaid Compton Subdivision Number Two is to be divided into residential
areas of five acres or larger each and any lots larger than one acre may be
_ r'k'idividedby the owners thereof into parcels not less than one acre is
size by compliance with the local and state regulations and laws... The following
covenants shall ran'with the land and be in force and effect for twenty-five (25)
y ars 'Eireafter unless sooner terminated by agreement of the owners of the _
i seventy--five (75) percent of the land in the subdivision and.are as follows,
to-M.t:
(1) The ground floor area of the 4aain structure of each residence on
this subbavision-shall be not less than 1,200 square feet. Dwellings
shall be well constructed of good quality, material and.workmanship _
substantially the *same or better than those now established in said
i ' subdivision; no-residence shall be less than $20,000.00 in value or better,
based on July 1973 values. Construction.plans to be approved by subdivider.
Present residence and'buildings on Lot No.-1 to be excluded from ike above.
c (2) Architectural Control Committee -
i A. Mei6ership:' The Architectural Control Committee is composed of
JOHN R. COMPTON IRIS X. COJIPTON
AND LAMY R. COMPTON
POise, Idaho. A majority of the committee may designate a representati7e
to act for it. In the event of death or resignation of any member of the
co--*ttee, the remainink members shall have full authority to designate
a successor. Neither the members of the committee, nor its designated
re5resentatives shall be entitled to ary com-ensation for services performed
pursuant to this covenant. At any time, the then record owners of a
majority of the lots shall have the power through a duly recorded written
instrument to change thm membership of the committee or to withdraw from
the committee or restore it. any of its powers and duties.
B. Procedure: The Committee's approval or disapproval as required in
t::ese covenants shall be in writing. In the event the com dttee, or its
designated representative, fails to approve or disapprove within 30 days
after pims and specifications have been submitted to it, or in any event,
if no suit to enjoin the construction has been conneneed prior to the
compl.Qtion thereof, approval will not be required and the related covenants
shall be deemed to have been fully complied with.
(continued)
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PACE 2
Instrument Number 868-•3]1 °
(3) No building shall be located on any lot nearer than fifty (50)^feet;~ - -
from the front lot line and twenty-five (25) feet to any'side line. NO barn*
loafing shed or other buildings for housing or care of any animals ahal.l.be.
Placed within one hundred (100) feet of any established residence building:.
or Individed well, nor nearer than one hundred fifty (150) feet from the
front Line.
(4) Construction of any residences or churches on the subdivision shall ba
diligently_pursued after commencement thereof, residences to be completed ,
within one (1) year and churches within eighteen (18) months after
commencement.of construction.
(5) No building shall be moved onto the above
. le az d t premises unless the quality,
at -
y type thereof is approved by the adjoining owners within the .
subdivision._.
(6) No shack, tent, Mobile Home, Trailer house, or basement only,'shall ,
be used within this subdivision for living quarters, permanent, not to exceed
# six (6) months during construction.
t (7) Nothing'of an offensive, dangerous, odorous,"r noisy kind shall. be
{ conducted or carried on nor shall anything be done or permitted in said
subdivision wbi.ch may be or become an annoyance or nuisance to the other
property owners in said subdivision. feeds shall be kept out.
(8) All animals kept on these - - - -P premises shall be properly fed and cared for
and shall be adequately fenced ao as not to annoy or trespass upon the use
of the property of others. Numbers of animnlre shall be kept to such numbers as
not to create unsightliness, excessive noise, offensive odors or dangerous
conditions. No business 'shall be conducted on the above property that
c cannot be conducted within the residence or shop of the owner, except for
limited raising of livestock within the restrictions herein. No signs larger than 36" 1 24" shall be installed to advertise said business, if any, and shall
be limited to any said sign on each parcel.
(9) All outbuildings shall be constructed of good quality building materials
completely finished and painted on the outside and shall be of good quality
and character that will be in harmony with the other buildings on said property.
L)
(10) No building or structure shall be placed on said property so as to
obstruct the windows or light of any adjoining property owner in said sub-
division.
(11) Easements for installation.and maintenance of-utilities and drainage
facilities are reserved, as shown on the recorded plat of said subdivision
over the areas indicated on said plat. Within these easements no structure,
planting or other material shall be placed or permitted to remain *doh
may damage or,interfere with the installation and maintenance of utilities,
or which may change the direction of 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 ovmer of the lot, except for those
improvements for which a public authority or utility is reaponsible.
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4 '1303
' Page 3
Instrument No. $b&311 .
j (1.2) Fences: No fence, hedge or boundary mall situated anywhere upon a
E: building site shall have a height greater than six feet above the fencedp
graded surgace of thdi ground upon which such fence, hedge or wall is situated. :•
The construction or maintenance of spite fences or spite trees or shrubs shall..s.
be prohibited upon all building sites of this subdivision. All wooden fences
shall be constructed in a substantial manner, and be maintained in good repair .:
so as to be inoffensive to any other property owners in said subdivision.
(13) The grantors are under no obligation to deliver domestic water or to furnish
rights-of-way is connection with the delivery of domestic water to any lot or
building site in this subdivision. It is comtemplated that domestic water for
use in any building erected upon a building site shall be supplied by the Grantee•
j and originate frova a well to be drilled and excavated by the Grantee. at his expense.
Such wells shall be located at a minimum distance of 100 feet from the individual
sewerage disposal facilities and shall comply in all respects with regulations
and health standards of the Ada County Health Department and State of Idaho
Department of Health.
{ Grantors have no obligation to convey irrigation waters to individual parcels
in this subdivision, but each parcel shall be entitled to whatever easement
shall be necessary to convey irrigation seaters from laterals or head ditches
across- other parcels to a point of use on each parcel. Each parcel owner shall
t be responsible for cleaning and upkeep on his irrigation supply ditches and
f for waste water courses crossing his parcel. In the event two or more parcel
owners use the same irrigation supply ditches they shall share the upkeep and
@~ cleaning of said supply ditches as their interests may appear.
(34) All bathroom, sink and toilet facilities shall be located inside the
duelling house or other suitable appurtenant building and shall be connected
by underground pipe with a private septic tank, placed at a depth and made of a
type construction'approved by the Ada County and.the State of Idaho Health
authorities. Drainage from septic tank shall be kept within the building
limits of each building site. Approval. of all sewage-disposal systems installed
shall be obtained from the City-County Health Department and the Grantor.'shall
have no obligation for construction of any sewer or provide any connection thereto.
(15) Any driveway constructed on any of said lots shall have a pipe thereunder
at least 10 inches in diameter, near the street line of said properties and at
i point where said driveway crosses any ditch or pipe used for the conveyance of
irrigation water, said pipes being for the purpose of permitting the movement
of irrigation waters and for the purpose of drainage, said pipes shall be 12
inches in diameter. The pipes herein referred to may consist of tile, concrete,
iron, or steel, or any other substance of permanent nature. All pipe installations
made within a dedicated right of way shall be made only after plans therefor shall
have been issued by the Ada County Road Supervisor, with respect to the adequacy
of such installations for drainage purposes.
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•.�4,_.. tip.9E 1304
Page 4- '
Instrument No. 868»313
(10-No lot or building site includedwithin the subdivision shall be
used or maintained as a dumping ground for waste-material. Incinerators
used for disposal, if permitted, and other receptacles or storage of trash
garbage, etc., shall be maintained in a sanitary and clean condition.
No junk machinery, trailers, trucks, appliances, or unsightly material
of arw sort or nature, or junk automobiles shall be kept on any of said,
premises. Storage of any machinery, trailers,,trucks, boats, automobiles,,
etc., shall be stored in an orderly manner so that the same shall not
constitute an unsightly condition.• No machinery, building equipment, or
`• 'building material shall be stored upon a site until the Grantee is. ready-
and able to commence the construction with respect to such building upon
which such building material will be used, then such building material. '
shall be placed within the property line of such building- site upon..
which the structure is to be erected.-
(17) These covenants shall run with the land and shall be binding on
all persons owning under them for a period of twenty—five (2�}-gears from
the date of the recording hereof, after which time such covenants steal]
_ be automatically extended for successive periods of ten (10} years, unless
at any time after the initial recording of. the instrument an instrument
signed by.the owners of 75% of the land of the subdivision has been recorded
agreeing to change or terminate said covenants. in whole or in part.
(18)enforcement against any person or persons violating or attempting._'
to violate any covenant herein after ten (10) days notice thereof in
writing served on the offending party, shall be had by the property
owners within the said subdivision, either at law or in equity. In the
event of a judgment against any person for such violation, the Court
may award injunction against further violation, require such compliance
as the Court deems necessary, award such damages, reasonable counsel
fees and court costs as may be suffered or incurred, and.such other
or further relief as may be deemed-just and equitable.
IN lTitIFSS 3EREOF we have set our hands this 25th day of Novembe a 197.4
/ John R. Co n Iris M. Conptost
-STATE OF IDARO)
r CM= OF ADS } S3
DiF-this �5th day of November 397u 2.0f before me, a
Notary 1 tublic;
lit And for said State, personally appeared John R. Compton
'z; ? Iris M. Compton
- ... ,.._`-`and
known to me to be the persons whose names are subscribeo•the above ins wont
and acknowledged to me that they executed the same.��1-1
Residing at E6i$e, Ida Notary Pu i for,Icaho
�t do exQ�res 1�;27,I�r
t
Pass
-. Instr mmt Ho. 868-311
I_MIM ACM TO THE COVE APiT3 BE= nCCWFs7 FOR WinMr aMDIYISItJ2i
Itumm TVO�(2), BY aaGINAL CWM JOHN R. COMP= An IBIS X..CA.%all
4Ji YS U) )X*t 2f V.liC S itO. •39 - -
At $s !Sh:
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cova CT LOT No. it
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`7 Jane Bensaa
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EXHIBIT B Ooosl 31
PAGE 1935
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