CC - Tenth Supplemental Declaration CC&R's ADA COUNTY RECORDER Phil McGrane 2020-157785
BOISE IDAHO Pgs=7 CHE FOWLER 11/18/2020 09:36 AM
RECORDING REQUESTED BYAND TITLEONE BOISE $28.00
WHEN RECORDED RETURN TO:
Sky Mesa Development, LLC
Attn.:Jamison Nakaya
729 S. Bridgeway Place
Eagle, Idaho 83616
(Space Above For Recorder's Use)
TENTH SUPPLEMENTAL DECLARATION
NOTICE OF ANNEXATION
TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR SOUTHERN HIGHLANDS SUBDIVISION
THIS TENTH SUPPLEMENTAL DECLARATION AND NOTICE OF ANNEXATION is
made effective on the -att"day of 2020, by SOUTHERN HIGHLANDS
HOMEOWNERS ASSOCIATION INC., an Idaho corporation (the "Association"), SKY MESA
DEVELOPMENT, LLC, an Idaho limited liability company (the "Declarant"), and WOODSIDE
HARRIS,LLC, an Idaho limited liability company (Sky Mesa Highlands Owner).
WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Southern
Highlands Subdivision were recorded on January 22,2015, as Instrument No. 2015-005263,Records
of Ada County, State of Idaho (the "Declaration"); the First Supplemental Declaration to the
Declaration of Covenants, Conditions and Restrictions for Southern Highlands Subdivision was
recorded on August 15,2016,as Instrument No.2016-074736,Records of Ada County,State of Idaho
(the "First Supplemental Declaration"); the Second Supplemental Declaration to the Declaration of
Covenants, Conditions and Restrictions for Southern Highlands Subdivision and Notice of
Annexation was recorded on August 25, 2016, as Instrument No. 2016-079080, Records of Ada
County,State of Idaho(the"Second Supplemental Declaration");the Third Supplemental Declaration
to the Declaration of Covenants,Conditions and Restrictions for Southern Highlands Subdivision and
Notice of Annexation was recorded on December 6, 2017, as Instrument No. 2017-116324, Records
of Ada County, State of Idaho (the "Third Supplemental Declaration"); the Fourth Supplemental
Declaration to the Declaration of Covenants, Conditions and Restrictions for Southern Highlands
Subdivision and Notice of Annexation was recorded on July 5,2018,as Instrument No.2018-062519,
Records of Ada County, State of Idaho (the "Fourth Supplemental Declaration"); the Fifth
Supplemental Declaration to the Declarations of Covenants,Conditions and Restrictions for Southern
Highlands Subdivision and Notice of Annexation was recorded on March 5, 2019, as Instrument No.
2019-017195, Records of Ada County, State of Idaho (the "Fifth Supplemental Declaration"); the
Sixth Supplemental Declaration to the Declarations of Covenants, Conditions, and Restrictions for
Southern Highlands Subdivision and Notice of Annexation was recorded on March 5, 2019, as
Instrument No. 2019-017207, Records of Ada County, State of Idaho (the "Sixth Supplemental
Declaration"); the Seventh Supplemental Declaration to the Declarations of Covenants, Conditions,
and Restrictions for Southern Highlands Subdivision and Notice of Annexation was recorded on
December 3, 2019, as Instrument No. 2019-120960, Records of Ada County, State of Idaho (the
"Seventh Supplemental Declaration"); the Eighth Supplemental Declaration Notice of Annexation
TENTH SUPPLEMENTAL DECLARATION NOTICE OF ANNEXATION TO THE DECLARATION OF
COVENANTS,CONDITIONS AND RESTRICTIONS FOR SOUTHERN HIGHLANDS SUBDIVISION
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and Amendment to the Declaration of Covenants, Conditions, and Restrictions for Southern
Highlands Subdivision was recorded on May 20, 2020, as Instrument No. 2020-059508, Records of
Ada County, State of Idaho (the "Eighth Supplemental Declaration"); the Ninth Supplemental
Declaration Notic of Annexation and Amendment to the Declaration of Co enants,Conditions, and
Restrictions for outhem Highlands Subdivision was recorded on ,. ,,, — / 2020, as
Instrument No. 2 20-1 S 2? -7(O , Records of Ada County, State of Idaho (t e "Ninth Supplemental
Declaration").
WHEREAS, the Declarant is authorized to amend the Declaration pursuant to Article VII,
Section 7.4 of the Declaration,and the Declarant desires to amend and supplement the Declaration as
set forth in this Tenth Supplemental Declaration;
WHEREAS, the Declaration, the First Supplemental Declaration,the Second Supplemental
Declaration,Third Supplemental Declaration, Fourth Supplemental Declaration,Fifth Supplemental
Declaration, Sixth Supplemental Declaration, Seventh Supplemental Declaration, Eighth
Supplemental Declaration,Ninth Supplemental Declaration, and this Tenth Supplemental
Declaration shall be jointly and collectively hereinafter referred to as the"Declaration';
WHEREAS, Sky Mesa Highlands Owner is an affiliated development entity of the
Declarant and is the owner of certain real property in the County of Ada, State of Idaho,hereinafter
referred to as the "Annexable Property"or"Annexed Property",described as follows:
SKY MESA HIGHLANDS,City of Meridian Final Plat File No.2020-0007,Preliminary
Plat No.H-2019-0123
And more particularly described per attached Exhibit"A"Legal Description.
WHEREAS,the Declarant,Sky Mesa Highlands Owner,and the Association desire to subject
the Annexable Property to the covenants, conditions, restrictions and provisions of the Declaration
and to annex the Annexable Property under the Declaration; and
WHEREAS,the Association is authorized to subject the Annexable Property to the covenants,
conditions, restrictions and provisions of the Declaration and to annex the Annexable Property under
the Declaration pursuant to Article VIII, Section 8.1 of the Declaration upon the consent of the
Declarant, the Sky Mesa Highlands Owner and the filing of this Tenth Supplemental Declaration in
the real property records for Ada County;
NOTICE OF ANNEXATION:
NOW, THEREFORE, under and pursuant to Article VIII, Section 8.1 and 8.2 of the
Declaration,the Annexable Property is hereby annexed as follows:
1. The Association, the Sky Mesa Highlands Owner, and the Declarant hereby declare
that the Annexable Property and each. Lot, parcel or portion thereof, is and/or shall be annexed into
the Association. The Annexable Property(hereinafter"Annexed Property")is hereby included in the
TENTH SUPPLEMENTAL DECLARATION NOTICE OF ANNEXATION TO THE DECLARATION OF
COVENANTS,CONDITIONS AND RESTRICTIONS FOR SOUTHERN HIGHLANDS SUBDIVISION
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definition of"Properties"or"Property" in the Declaration.
2. The Association and the Declarant hereby declare that the Annexed Property and each
Lot, p cel or portion thereof, is and/or shall be annexed, eld, sold, conveyed, encumbered,
hypoth cated, leased, used, occupied and improved subject tc the terms, covenants, conditions,
resery ions, easements and restrictions set forth in the Declaration, all of which are declared and
agreed to be in furtherance of a general plan for the pro ection, maintenance, subdivision,
improvement and sale of the Annexed Property, and to enhance the value, desirability and
attractiveness of the Annexed Property.
3. The terms, covenants,conditions, reservations,easements and restrictions set forth in
the Declaration shall run with the land constituting the Annexed Property and with each estate therein
and shall be binding upon all persons having or acquiring any right, title or interest in the Annexed
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 the
Association, the Declarant, its successors in interest and each Grantee or Owner and his respective
successors in interest, and may be enforced by the Association, the Declarant, by any Owner or his
successors in interest.
4. Notwithstanding the foregoing,no provision of this Declaration shall be construed as
to prevent or limit Sky Mesa Highlands Owner's right to complete development of the Annexed
Property and to construct improvements thereon, nor Sky Mesa Highlands Owner's right to maintain
model homes,construction, sales or leasing offices or similar facilities on any portion of the Annexed
Property, nor Sky Mesa Highlands Owner's right to post signs incidental to construction, sales or
leasing.
GENERAL PROVISIONS
Declaration Controlling.Except as amended by this Tenth Supplemental Declaration, the
Declaration shall remain unchanged and in full force and effect.
Recitals. All of the recitals referenced herein in this Tenth Supplemental Declaration are
fully incorporated by this reference as if set forth in full, and are deemed included.
Binding on Successors. The Declaration, including this Tenth Supplemental Declaration,
shall be binding upon and inure to the benefit of the Declarant, the Association, and any Owner,
as defined in the Declaration, their successors and assigns.
[End of text. Execution on following pages.]
TENTH SUPPLEMENTAL DECLARATION NOTICE OF ANNEXATION TO THE DECLARATION OF
COVENANTS,CONDITIONS AND RESTRICTIONS FOR SOUTHERN HIGHLANDS SUBDIVISION
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IN WITNESS WHEREOF, the Association and the Declarant have executed and
acknowledged this Supplemental Declaration effective as of the day and year first written above.
ASSOCIATI N:
SOUTHERN IGHLANDS HOMEOWNERS
ASSOCIATION INC., an Idaho corporation
By: c __/��
Name: -J01A VA �J4-1:CL
Its: President
By:
Name:
Its: Secre ary
STATE OF IDAHO )
ss.
County of Ada )
On this day of N QV'AW , 2020, before me the undersigned, a Notary Public in
and for said State, personally appeared l w i Son 4 and
�Lv�c known or identified to me to the Presi nt and Secretary,
respectively, of SOUTHERN HIGHLANDS HOMEOWNERS ASSOCIATION INC., an Idaho
corporation,the corporation that executed the instrument or the persons who executed the instrument
on behalf of said corporation, and acknowledged to me that such corporation 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.
L(k&
KARA SCHOFIELD COMMISSION##4W16 Not 'Public for Idaho
NOTARY PUBLIC Residing at ALK Coxn ___, Idaho
STATE OF IDAHO My Commission Expires:
MY COMMISSION EXPIRES 09102=1
TENTH SUPPLEMENTAL DECLARATION NOTICE OF ANNEXATION TO THE DECLARATION OF
COVENANTS,CONDITIONS AND RESTRICTIONS FOR SOUTHERN HIGHLANDS SUBDIVISION
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TENTH SUPP DECLARATION-Sky Mesa Highlands 2020-11 vl
DECLARANT:
SKY MESA DEVELOPMENT,LLC, an Idaho
limi ed li ' ity company
Y
,ames H. Hunter
Its: Manager
STATE OF IDAHO )
ss.
County of Ada )
1N
On this day of QV(,M�W , 2020, before me the undersigned, a Notary Public in
and for said State,personally appeared James H. Hunter,known or identified to me to be the Manager
of SKY MESA DEVELOPMENT, LLC, an Idaho limited liability company, the company that
executed the instrument or the person who executed the instrument 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 certificate first above written.
c
Notary Public for Idaho
��
KARASCHOFIELD Residing at I�6, CUyoh , Idaho
COMMISSION#406I6 My Commission Expires: 9-2-ZI
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 0910212tYti
TENTH SUPPLEMENTAL DECLARATION NOTICE OF ANNEXATION TO THE DECLARATION OF
COVENANTS,CONDITIONS AND RESTRICTIONS FOR SOUTHERN HIGHLANDS SUBDIVISION
Page 5 of 7
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SKY MESA HIGHLANDS OWNER:
WOODSIDE HARRIS, LLC, an Idaho
limited lia ' ity company
By:
ames H. Hunter
Its: Manager
STATE OF IDAHO )
ss.
County of Ada )
a
On this day of Nuvcm6w 2620, before me the undersigned, a Notary Public
in and for said State, personally appeared James H. Hunter, known or identified to me to be the
Manager of WOODSIDE HARRIS, LLC, an Idaho limited liability company, the company that
executed the instrument or the person who executed the instrument 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 certificate first above written.
Notary Public for Idaho
Residing at JN C vu Idaho
KARA SCHOFIELD My Commission Expires: I-1-V
COMMISSION#40616
NOTARY PUBLIC
STATE OF IOAHO
MY COMMISSION EXPIRES 09102/2021
TENTH SUPPLEMENTAL DECLARATION NOTICE OF ANNEXATION TO THE DECLARATION OF
COVENANTS,CONDITIONS AND RESTRICTIONS FOR SOUTHERN HIGHLANDS SUBDIVISION
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Exhibit"A"Legal Description
Lot 1 in Block 1 of Diamond Ridge Estates Subdivision, according to the plat thereof, filed in Book
71 of Plats at Pages 308 and 7309, records of Ada County, Idaho.
TENTH SUPPLEMENTAL DECLARATION NOTICE OF ANNEXATION TO THE DECLARATION OF
COVENANTS,CONDITIONS AND RESTRICTIONS FOR SOUTHERN HIGHLANDS SUBDIVISION
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